93Costs assessment rules

#### 93 Costs assessment rules 93 Costs assessment rules > > (1) The Costs Assessment Rules Committee may make rules (costs assessment rules), not inconsistent with this Act or the [Legal Profession Uniform Law (NSW)](/view/html/inforce/current/act-2014-16a), for or with respect to costs assessments and reviews, including without limitation— > > > > > (a) the making, timing and processing of applications for costs assessments and reviews, and > > > > > (b) the conduct of costs assessments and reviews, including— > > > > > > > (i) the practice and procedure for costs assessments and reviews, and > > > > > > > (ia) conferring power on costs assessors to take evidence orally or in writing and to examine witnesses and administer oaths, and > > > > > > > (ii) the appointment of costs assessors to conduct costs assessments, and > > > > > > > (iii) the establishment of review panels and the appointment of costs assessors to review panels, and > > > > > > > (iv) matters relating to the interests of costs assessors in particular matters, and > > > > > > > (v) the determination and payment of the costs of costs assessments and reviews, and > > > > > > > (vi) the issue of certificates of determinations and the forwarding of such certificates (or copies of such certificates)— > > > > > > > > > (A) by the costs assessor to the parties to the costs assessment or the Manager, Costs Assessment or both, and > > > > > > > > > (B) by the Manager, Costs Assessment to the parties to the costs assessment, and > > > > > > > (vii) the giving of reasons for determinations and the provision of supplementary information to accompany the reasons, and > > > > > > > (viii) the suspension of a costs determination in the event of an application for a costs review, and > > > > > (c) requiring a person (including an applicant, the law practice concerned, any other law practice or client, or a costs assessor) to produce documents, to provide information (verified by statutory declaration if the requirement so states), or otherwise to assist in, or co-operate with, the determination or finalisation of an assessment or review, and > > > > > (d) requiring documents produced in response to a requirement referred to in paragraph (c) to be returned or otherwise disposed of within a period specified in or determined in accordance with the rules, and > > > > > (e) the correction of errors in a determination. > > > (2) A rule may do any of the following— > > > > > (a) apply generally or be limited in its application by reference to specified exceptions or factors, > > > > > (b) apply differently according to different factors of a specified kind, > > > > > (c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body. > > > (3) The rules must be published on the NSW legislation website. > > > (4) Sections 40 and 41 of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) apply to the rules in the same way as they apply to a statutory rule. > > > (5) The local regulations prevail over the rules in the event of an inconsistency. > > **s 93:** Subst 2015 No 7, Sch 1 \[27\]. Am 2015 No 67, Sch 1.13 \[4\]; 2016 No 54, Sch 1.12 \[4\].