Costs
Assessments
What is the limitation period to lodge an application for a costs assessment?
Pursuant to Legal Profession Uniform Law ss 198 (3) and (4) an Application for Assessment by a law practice must be made within 12 months of the bill being given or request for payment being made.
This applies to all matters where instructions were first received after 1 July 2015.
The time limitation applies in relation to bills given to clients and also to bills to retaining law practices and of billing law practices vis-à-vis other law practices.
Which legislation do I use if I received instructions, or proceedings commenced, prior to 1 July 2015?
The Legal Profession Act 2004 and current assessment processes continue to apply to:
Practitioner, client and third party costs assessments - where client first instructed the law practice before 1 July 2015 (see Legal Profession Uniform Law - Schedule 4 Clause 18)
Party costs assessments (quantifying costs pursuant to an order of court or tribunal) - where proceedings to which the costs relate commenced before 1 July 2015 (see Legal Profession Uniform Law Application Regulation 2015 - reg 59).
Which legislation do I use if I received instructions, or proceedings commenced, after 1 July 2015?
You use the Legal Profession Uniform Law. Please note the Transitional provisions and in summary, any new costs assessment provisions will only apply to:
Uniform costs (previously client and practitioner costs) - where client first instructed the law practice on or after 1 July 2015 (see Legal Profession Uniform Law - Schedule 4 Clause 18)
Ordered Costs (previously party party costs) - where the proceeding to which the costs relate commenced on or after 1 July 2015 (see Legal Profession Uniform Law Application Regulation 2015 - Reg 59). Further information is available here.