The Legal Profession Uniform Law commenced on 1 July 2015. The Legal Profession Act 2004 was repealed however, it continues to apply to many costs assessment applications under the transitional provisions summarised below.
Legal Profession Act 2004 and Legal Profession Regulation 2005 CONTINUE to apply to:
Costs Assessment process is not a court proceeding in the Supreme Court and Costs Assessors when acting as assessors are not officers of the Supreme Court.
Costs assessors are shown in the list of Current Costs Assessors and the members of the Costs Assessor Rules Committee (CARC).
All Costs Assessment Scheme applications are determined on the papers under the applicable legal profession legislation.
The Uniform Civil Procedure Rules 2005 (UCPR) and other rules of court, do not apply to the administration of the costs assessment scheme.The Manager, Costs Assessment exercises the duties, obligations and functions conferred on the position under the Legal Profession Uniform Law, the Legal Profession Uniform Law Application Act 2014, Legal Profession Act 2004 and the Legal Profession Act 1987 as well as the associated Regulations.
The Costs Assessment Scheme does not have jurisdiction to deal with costs orders made by Commonwealth courts (i.e. High Court, Federal Court, Family Court, Federal Circuit Court). Costs orders made by these courts are quantified under their Court Rules. The (NSW)Costs Assessment Scheme also does not have jurisdiction to deal with Client or Practitioner applications involving Family Court matters where the instructions were given to the legal practice on or before 30 June 2008.