Costs Rule—Certificates of Determination (NSW)

(1)

This rule is made by the Costs Assessors Rules Committee under section 208R of the Legal Profession Act 1987 [the Act] and will commence on 3 October 1997 and replaces the Rule made on 19 September 1997.

(2)

A costs assessor who has determined an application for assessment of costs under Division 6 of Part 11 of the Act must issue any certificate under section 208J or 208JA in the form bearing the number in the first column of the following schedule when the certificate is to be given in the circumstances described opposite that number in the second column.

The Schedule

Form 1	The assessor has determined costs due to a legal practitioner by the practitioner’s client and the client is liable to pay an amount of costs to the practitioner after any adjustments for previous payments and the costs of the assessment.
Form 2	The assessor has determined costs due to a legal practitioner by the practitioner’s client in an amount which is less than the costs already paid by the client to the practitioner who has a consequent liability to repay money to the client.
Form 3	The assessor has determined the costs payable as between party and party as a result of an order made by a court or tribunal and the determination was made in the absence of the parties’ agreement to settle issues in dispute.
Form 4	The assessor has determined the costs of the costs assessor in relation to either an assessment of practitioner and client costs or an assessment of party and party costs.
Form 4A	The assessor has determined the costs of the costs assessor when the parties have agreed to settle the issues in dispute in the proceedings.
Form 5	The assessor has determined costs payable as between party and party in accordance with the agreement of the parties.
Form 6	The assessor has determined that part of the costs to be assessed as agreed between the parties or as assessed shall be paid as an interim payment.

FORM 1CERTIFICATE AS TO DETERMINATION OF COSTSLegal Profession Act 1987 (the Act), Sections 208A 208JASSESSMENT OF PRACTITIONER AND CLIENT COSTS

IN THE SUPREME COURT OF NEW SOUTH WALES

AT SYDNEY

COMMON LAW DIVISION

No. of 19

APPLICANT:

RESPONDENT:

APPLICATION BY GIVER/RECEIVER OF BILL1.

THE APPLICATION IS DETERMINED BY CONFIRMING/SUBSTITUTING FOR THE DISPUTED COSTS AS A FAIR AND REASONABLE AMOUNT OF COSTS TO BE PAID TO THE PRACTITIONER THE SUM OF:

$

*Note:

Credit is to be given by the Practitioner to the Client for the sum of $ paid on account.

*Note 1A.

The amount of $ includes the sum of $ being the fee/a proportion of the fee paid for the application (Section 208A (3) of the Act).

1B.

The amount of $ was determined after deducting the sum of $ being the fee/a proportion of the fee paid for the application (Section 208A (3) of the Act).

*Note 2.

Costs incurred by the client are determined at $ and have been deducted from the costs determined as otherwise payable (Section 208A (4) of the Act).

*Note 3.

The amount assessed does not include the costs of the Costs Assessor for which a separate Certificate has issued (Section 208JA of the Act).

*Note 4.

Interest is not payable on the amount of costs assessed/only payable on $part of costs assessed. The rate of interest to apply is % (Section 208E (1) of the Act).

*(Delete above as appropriate)

TO: APPLICANT:

TO: RESPONDENT:

ISSUED ON: //19 COSTS ASSESSOR

COSTS ASSESSOR:

This Certificate is, on the filing of the Certificate in the office or registry of a court having jurisdiction to order the payment of that amount of money and with no further action, taken to be a judgment of that court for the amount of unpaid costs (Section 208J (3) of the Act).

FORM 2CERTIFICATE AS TO DETERMINATION OF COSTSLegal Profession Act 1987 (the Act), Sections 208A &208JASSESSMENT OF PRACTITIONER AND CLIENT COSTS

IN THE SUPREME COURT OF NEW SOUTH WALES

AT SYDNEY

COMMON LAW DIVISION

No. of 19

APPLICANT:

RESPONDENT:

APPLICATION BY GIVER/RECEIVER OF BILL1.

THE APPLICATION IS DETERMINED BY CONFIRMING/SUBSTITUTING FOR THE DISPUTED COSTS AS A FAIR AND REASONABLE AMOUNT OF COSTS TO BE PAID TO THE PRACTITIONER THE SUM OF:

$

*Note 1.

The sum of $ costs and disbursements has been received by the practitioner.

The amount received exceeds the substituted amount of $ by an amount of $

The sum of $ is to be repaid by the practitioner (Section 208J (2) of the Act).

*Note 2.

The amount to be repaid $ is increased/reduced by the fee/a proportion of the fee paid for the application in the sum of $ (Section 208A (3) of the Act).

*Note 3.

The amount to be repaid $ is increased by the costs incurred by the client determined at $ (Section 208A (4) of the Act).

*Note 4.

The amount assessed does not include the costs of the Costs Assessor for which a separate Certificate has issued (Section 208JA of the Act).

2.

THE SUM OF $ IS TO BE PAID BY THE APPLICANT/RESPONDENT TO THE APPLICANT/RESPONDENT.

*(Delete above as appropriate)

TO: APPLICANT:

TO: RESPONDENT:

ISSUED ON: //19 COSTS ASSESSOR

COSTS ASSESSOR:

The amount specified PARAGRAPH 2 of this certificate may be recovered as a debt in any court of competent jurisdiction (Section 208J (2) of the Act).

FORM 3CERTIFICATE AS TO DETERMINATION OF COSTSLegal Profession Act 1987 (the Act), Sections 208F &208JASSESSMENT OF PARTY AND PARTY COSTS

IN THE SUPREME COURT OF NEW SOUTH WALES

AT SYDNEY

COMMON LAW DIVISION

No. of 19

APPLICANT:

RESPONDENT:

APPLICATION BY GIVER/RECEIVER OF BILL1.

THE APPLICATION IS DETERMINED BY ASSESSING AS A FAIR AND REASONABLE AMOUNT OF COSTS TO BE PAID TO THE APPLICANT/RESPONDENT THE SUM OF:

$

*Note:

Credit is to be given by the Applicant/Respondent to the Applicant/Respondent for the sum of $ paid on account.

*Note 1.

The amount assessed includes any costs of the assessment (Section 208F (4) of the Act) except the costs of the Costs Assessor for which a separate Certificate has issued (Section 208JA of the Act).

*Note 2.

The amount of $ includes the sum of $ for which an Interim Certificate was issued.

*Note 3A.

The amount of $ includes the sum of $ being the fee/a proportion of the fee paid for the application (Section 208F (4) of the Act).

3B.

The amount of $ was determined after deducting the sum of $ being the fee/a proportion of the fee paid for the application (Section 208F (4) of the Act).

*(Delete above as appropriate)

TO: APPLICANT:

TO: RESPONDENT:

ISSUED ON: //19 COSTS ASSESSOR

COSTS ASSESSOR:

This Certificate is, on the filing of the Certificate in the office or registry of a court having jurisdiction to order the payment of that amount of money and with no further action, taken to be a judgment of that court for the amount of unpaid costs (Section 208J (3) of the Act).

FORM 4CERTIFICATE AS TO DETERMINATION OF COSTS OF COSTS ASSESSORLegal Profession Act 1987 (the Act), Sections 208A (4), 208F (4) &208JAASSESSMENT OF PRACTITIONER AND CLIENT COSTS(Section 208A (4))ASSESSMENT OF PARTY AND PARTY COSTS(Section 208F (4))

IN THE SUPREME COURT OF NEW SOUTH WALES

AT SYDNEY

COMMON LAW DIVISION

No. of 19

APPLICANT:

RESPONDENT:

APPLICATION BY GIVER/RECEIVER OF BILL1.

The application was determined and a Certificate as to Determination of Costs was issued on 19

2A.*

The costs of the Costs Assessor incurred in the course of the assessment (Section 208A (4)) to be paid by the Practitioner Respondent/Applicant to the Proper Officer of the Court are in the sum of:

$;

2B.*

The costs of the Costs Assessor incurred in the course of the assessment (Section 208F (4)) to be paid by the:

• •

  Applicant to the Proper Officer of the Court are in the sum of:

  $;

• •

  Respondent to the Proper Officer of the Court are in the sum of:

  $;

*(Delete above as appropriate)

TO: APPLICANT:

TO: RESPONDENT:

ISSUED ON: //19 COSTS ASSESSOR

COSTS ASSESSOR:

This Certificate is, on the filing of the Certificate in the office or registry of a court having jurisdiction to order the payment of that amount of money and with no further action, taken to be a judgment of that court for the amount of unpaid costs (Section 208JA (4) of the Act).

FORM 4ACERTIFICATE AS TO DETERMINATION OF COSTS OF COSTS ASSESSORLegal Profession Act 1987 (the Act), Sections 208A (4), 208F (4) 208JARegulation 26GASSESSMENT OF PRACTITIONER AND CLIENT COSTS(Section 208A (4))ASSESSMENT OF PARTY AND PARTY COSTS(Section 208F (4))

IN THE SUPREME COURT OF NEW SOUTH WALES

AT SYDNEY

COMMON LAW DIVISION

No. of 19

APPLICANT:

RESPONDENT:

APPLICATION BY GIVER/RECEIVER OF BILL1.

The application was determined on The parties settled the matter.

A Certificate as to Determination of Costs was issued/not issued.

2A.*

The costs of the Costs Assessor incurred in the course of the assessment (Section 208A (4)) to be paid by the Practitioner Respondent/Applicant to the Proper Officer of the Court are in the sum of:

$;

2B.*

The costs of the Costs Assessor incurred in the course of the assessment (Sections 182 (3), 208F (4)) to be paid by the:

• •

  Applicant to the Proper Officer of the Court are in the sum of:

  $;

• •

  Respondent to the Proper Officer of the Court are in the sum of:

  $;

*(Delete above as appropriate)

TO: APPLICANT:

TO: RESPONDENT:

ISSUED ON: //19 COSTS ASSESSOR

COSTS ASSESSOR:

This Certificate is, on the filing of the Certificate in the office or registry of a court having jurisdiction to order the payment of that amount of money and with no further action, taken to be a judgment of that court for the amount of unpaid costs (Section 208JA (4) of the Act).

FORM 5CERTIFICATE AS TO DETERMINATION OF COSTSLegal Profession Act 1987 (the Act), Section 208JASSESSMENT OF PARTY AND PARTY COSTS

IN THE SUPREME COURT OF NEW SOUTH WALES

AT SYDNEY

COMMON LAW DIVISION

No. of 19

APPLICANT:

RESPONDENT:

APPLICATION BY GIVER/RECEIVER OF BILL1.

THE APPLICATION IS DETERMINED BY ASSESSING AS A FAIR AND REASONABLE AMOUNT OF COSTS TO BE PAID TO THE APPLICANT/RESPONDENT THE AGREED SUM OF:

$

*Note 1.

The amount assessed includes by agreement $ the costs/part of the costs of the Costs Assessor and $ the fee/part of the fee for the Application.

*Note 2.

The total costs of the Costs Assessor are contained in a separate Certificate which has issued (Section 208JA of the Act).

*(Delete above as appropriate)

TO: APPLICANT:

TO: RESPONDENT:

ISSUED ON: //19 COSTS ASSESSOR

COSTS ASSESSOR:

This Certificate is, on the filing of the Certificate in the office or registry of a court having jurisdiction to order the payment of that amount of money and with no further action, taken to be a judgment of that court for the amount of unpaid costs (Section 208J (3) of the Act).

FORM 6INTERIM CERTIFICATE AS TO DETERMINATION OF COSTSLegal Profession Act 1987 (the Act), Section 208J (1A)ASSESSMENT OF PRACTITIONER AND CLIENT COSTSASSESSMENT OF PARTY AND PARTY COSTS

IN THE SUPREME COURT OF NEW SOUTH WALES

AT SYDNEY

COMMON LAW DIVISION

No. of 19

APPLICANT:

RESPONDENT:

APPLICATION BY GIVER/RECEIVER OF BILL*

THE APPLICANT AND RESPONDENT HAVING AGREED THAT OF THE TOTAL AMOUNT OF COSTS TO BE ASSESSED THE SUM OF $ IS NOT IN DISPUTE. IT IS DETERMINED THAT SUCH SUM IS TO BE PAID AS AN INTERIM PAYMENT TO THE APPLICANT/RESPONDENT PENDING THE FINAL ASSESSMENT.

*

IT IS DETERMINED THAT OF THE TOTAL AMOUNT OF COSTS TO BE ASSESSED THE SUM OF $ IS A FAIR AND REASONABLE AMOUNT OF COSTS TO BE PAID AS AN INTERIM PAYMENT TO THE APPLICANT/RESPONDENT PENDING THE FINAL ASSESSMENT.

*(Delete above as appropriate)

TO: APPLICANT:

TO: RESPONDENT:

ISSUED ON: //19 COSTS ASSESSOR

COSTS ASSESSOR:

A Final Certificate which issues shall be for a sum which includes the amount of this Interim Certificate and shall specify that such Final Certificate includes the amount of this Interim Certificate.

This Interim Certificate is, on the filing of the Certificate in the office or registry of a court having jurisdiction to order the payment of that amount of money and with no further action, taken to be a judgment of that court for the amount of unpaid costs (Section 208J (3) of the Act).