304Legal costs subject to consumer dispute not assessable

304 Legal costs subject to consumer dispute not assessable (1) Despite anything to the contrary in this part, legal costs that are or have been the subject of a consumer dispute under chapter 4 (Complaints and discipline) must not be the subject of a costs assessment under this division. (2) Subsection (1) does not apply— (a) to the extent that the relevant council for the legal practitioner— (i) is unable to resolve the costs dispute and has notified the parties of their entitlement to apply for a costs assessment; or (ii) refers a matter to the Supreme Court for a costs assessment under section 409 (Referral of matters for costs assessment—complaint investigation); or (b) if the costs dispute is withdrawn in accordance with section 400.