Legal Profession Act 1987 Costs Rule Certificates of Determination (1997-505) [GG No 102 of 19.9.1997, p 8096] (NSW)

No judgment structure available for this case.

1997 No 505

New South Wales
COSTS RULE—CERTIFICATES OF DETERMINATION

(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 19 September 1987.

(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 p a n of the costs payable as between
party and party to be paid on an interim basis in accordance with the
agreement of the parties.

Published in Gazette No 102 of 19 September 1997, page 8096 Page 1

1997 No 505

Costs Rule—Certificates of Determination
FORM 1

CERTIFICATE AS TO DETERMINATION OF COSTS
Legal Profession Act I987 (the Act), Sections 208A & 208J

ASSESSMENT 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 BILL

1. 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 proportionof 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 proportionof 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 payable/not payable on the amount of costs assessed/

on $ part of costs

assessed. The rate interest to apply is
(I) of the Act). % (Section 208E
*(Delete above as appropriate)

Page 2

1997 No 505

Costs Rule—Certificates of Determination

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).

1997 No 505

Costs Rule—Certificates of Determination
FORM 2

CERTIFICATE AS TO DETERMINATION OF COSTS
Legal Profession Act I987 (the Act), Sections 208A & 208J

ASSESSMENT 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/RECEVIER OF BILL

1. 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 $
of the Act). (Section 208A (4)
*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)

Page 4

1997 No 505

Costs Rule—Certificates of Determination

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).

Page 5

1997 No 505

Costs Rule—Certificates of Determination

FORM 3

CERTIFICATE AS TO DETERMINATION OF COSTS
Legal Profession Act 1987 (the Act), Sections 208F & 208J
ASSESSMENT 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

1. 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 l. 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)

Page 6

1997 No 585

Costs Rule—Certificates of Determination

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).

Page 7

1997 No 505

Costs Rule-Certificates of Determination

FORM 4

CERTIFICATE AS TO DETERMINATION OF COSTS OF COSTS

ASSESSOR

Legal Profession Act 1987 (the Act), Sections 208A (4), 208F (4) & 208JA

ASSESSMENT 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 BILL

1. 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)

Page 8

1997 No 505

Costs Rule—Certificates of Determination

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).

Page 9

1997 No 505

Costs Rule—Certificates of Determination
FORM 4A

CERTIFICATE AS TO DETERMINATION OF COSTS OF COSTS
ASSESSOR

Legal Profession Act 1987 (the Act), Sections 208A (4), 208F (4) & 208JA
Regulation 26G

ASSESSMENT 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 BILL

1.

The application was determined on A Certificate as to Determination of Costs was issued/not issued.

The parties

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)

Page 10

1997 No 505

Costs Rule—Certificates of Determination

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).

Page 11

1997 No 505

Costs Rule—Certificates of Determination

FORM 5

CERTIFICATE AS TO DETERMINATION OF COSTS
Legal Profession Act 1987 (the Act), Section 208J
ASSESSMENT 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

1. THE APPLICATION IS DETERMINED BY ASSESSINGAS 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 half the Costs of the

Assessor in the sum of $

and the fee for the Application in

the sum of $

Note 2.

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

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).

Page 12

1997 No 505

Costs Rule—Certificates of Determination
FORM 6

INTERIM CERTIFICATE AS TO DETERMINATION OF COSTS
Legal Profession Act 1987 (the Act), Section 208J (IA)

ASSESSMENT OF PRACTITIONER AND CLIENT COSTS
ASSESSMENT 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.

Page 13

1997 No 505

Costs Rule—Certificates of Determination

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).

Page 14

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Legal Profession Act 1987 - Costs Rule - Certificates of Determination (1997-505) [GG No 102 of 19.9.1997, p 8096] (NSW)

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(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 19 September 1987.
(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.

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 p a n of the costs payable as between party and party to be paid on an interim basis in accordance with the agreement of the parties.
Published in Gazette No 102 of 19 September 1997, page 8096	Page 1

*	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.