Dive Lawyers Pty Ltd t/as Dive Lawyers & Notaries v The Manager, Costs Assessment

In this matter, Dive Lawyers Pty Ltd, trading as Dive Lawyers & Notaries, sought a costs assessment against The Manager, Costs Assessment. The dispute arose from a situation where Dive Lawyers made a late application for a costs assessment, which was refused by the first defendant. The second defendant, who was not involved in the refusal, also sought costs from Dive Lawyers. The court was required to determine whether the first defendant's refusal to accept the filing of the late application was in accordance with the applicable legislation and regulations, and whether the second defendant was entitled to costs from Dive Lawyers.

The court considered the relevant provisions of the Legal Profession Uniform Law (Costs) and the rules and regulations made under that law. It was noted that a late application for a costs assessment must be accepted by the Manager, Costs Assessment unless there are reasonable grounds for refusal. The court examined whether the first defendant had reasonable grounds for refusing the filing of the late application and whether the second defendant was entitled to costs from Dive Lawyers. The court found that the first defendant's refusal to accept the filing of the late application was not in accordance with the applicable legislation and regulations. The court also found that the second defendant was not entitled to costs from Dive Lawyers as the second defendant was not involved in the refusal by the first defendant to accept the filing.

The court ordered that the first defendant accept the filing of the late application for costs assessment and that the second defendant bear its own costs. The court emphasised the importance of compliance with the legislation and regulations governing costs assessments and the need for the Manager, Costs Assessment, to act in accordance with those provisions. The decision serves as a reminder to law practices and defendants to ensure that costs assessments are properly filed and considered in accordance with the applicable law.