Legal Profession Act 1987 Costs Rule Certificates of Determination erratum (1997-562) [GG No 114 of 24.10.1997, p 8661] (NSW)
1997 No 562
New South Wales ERRATUM
THE Costs Assessors Rules as published in Government Gazette No. 112 dated 17 October 1997*, Folio 8387–8394, omitted the footnotes. The rules is re-published below:
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 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 Que 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.* The Gazette No and date as printed in the Erratum is incorrect and should be Government
Gazette No 107 of 3.10.97.
Published in Gazette No 114 of 24 October 1997, page 8661 Page 1
1997 No 562
Costs Rule—Certificates of Determination
| 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 part of the costs to be assessed as agreed between the parties or as assessed shall be paid as an interim payment. |
| Page 2 |
1997 No 562
Costs Rule—Certificates of Determination
FORM 1
CERTIFICATE AS TO DETERMINATION OF COSTS
Legal Profession Act 1987 (the Act), Sections 208A & 208J
ASSESSMENT OF PRACTITIONER AND CLIENT COSTS
IN THE SUPREME COURT OF NEW SOUTH WALES
AT SYDNEYCOMMON 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 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 dues 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 (I) of the Act ). *(Delete above as appropriate)
1997 No 562
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).
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1997 No 562
Costs Rule—Certificates of Determination
FORM 2
CERTIFICATE AS TO DETERMINATION OF COSTS
Legal Profession Act 1987(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 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) ofthe Act). *Note 4. The amount assessed does not include the costs of the Costs Assessor for which a separate Certificate has issued (Section 208JA ofthe Act). 2. THE SUM OF $ ............... IS TO BE PAID BY THE APPLICANT/ RESPONDENT TO THE APPLICANT/RESPONDENT.
*(Delete above as appropriate)
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1997 No 562
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).
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1997 No 562
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 SYDNEYCOMMON 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 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: ....................................... .......................................
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1997 No 562
Costs Rule—Certificates of Determination
| 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).
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1997 No 562
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)
TO: APPLICANT:
.......................................
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1997 No 562
Costs Rule—Certificates of Determination
| 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).
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1997 No 562
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 ....................................... 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/Applicantto
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)
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1997 No 562
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).
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1997 No 562
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 SYDNEYCOMMON LAW DIVISION
No. ............................................... of 19 ........
APPLICANT: ................................................ RESPONDENT: ............................................. APPLICATION BY GIVER/RECEIVEROF BILL
1. 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: ........ / ........ / 1 9 ........ .........................................
COSTS ASSESSOR
COSTS ASSESSOR: ......
.......................................
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1997 No 562
Costs Rule—Certificates of Determination
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).
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1997 No 562
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 SYDNEYCOMMON 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/RESPONENT 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:
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1997 No 562
Costs Rule—Certificates of Determination
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).
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