sec.340Assessment of complying costs agreements

### sec.340 Assessment of complying costs agreements A costs assessor for a costs application must assess any disputed costs that are subject to a costs agreement by reference to the provisions of the costs agreement if— a relevant provision of the costs agreement specifies the amount, or a rate or other means for calculating the amount, of the costs; and the agreement has not been set aside under section 328 ; unless the costs assessor is satisfied that— the costs agreement does not comply in a material respect with any disclosure requirements of division 3 ; or division 5 precludes the law practice concerned from recovering the amount of the costs; or the parties otherwise agree. The costs assessor is not required to initiate an examination of the matters mentioned in subsection (1) (c) and (d) . (sec.340-ssec.1) A costs assessor for a costs application must assess any disputed costs that are subject to a costs agreement by reference to the provisions of the costs agreement if— a relevant provision of the costs agreement specifies the amount, or a rate or other means for calculating the amount, of the costs; and the agreement has not been set aside under section 328 ; unless the costs assessor is satisfied that— the costs agreement does not comply in a material respect with any disclosure requirements of division 3 ; or division 5 precludes the law practice concerned from recovering the amount of the costs; or the parties otherwise agree. (sec.340-ssec.2) The costs assessor is not required to initiate an examination of the matters mentioned in subsection (1) (c) and (d) . - (a) a relevant provision of the costs agreement specifies the amount, or a rate or other means for calculating the amount, of the costs; and - (b) the agreement has not been set aside under section 328 ; - (c) the costs agreement does not comply in a material respect with any disclosure requirements of division 3 ; or - (d) division 5 precludes the law practice concerned from recovering the amount of the costs; or - (e) the parties otherwise agree.