New South Wales regulation

Legal Profession Uniform Law Application Regulation 2025

In ForceNSW

Jurisdiction

New South Wales

Act Number

453 of 2025

Collection

regulation

Plain English Summary

7/10 complexity

This regulation updates practical rules for legal practitioners in New South Wales. It prescribes practising‑certificate renewal windows and fees, trust‑account deposit, reporting and audit requirements, fixed itemised costs and advocates’ fees, and detailed procedures and fees for costs assessments and reviews. It replaces the 2015 Application Regulation and commences 1 September 2025. It affects law practices, barristers, solicitors, the Law Society and Bar Association, and clients because it changes who pays, what must be recorded, and administrative and compliance obligations.

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What it does

This regulation (Legal Profession Uniform Law Application Regulation 2025) prescribes detailed, operational rules that sit under the Legal Profession Uniform Law Application Act 2014 and the Uniform Law. It commences on 1 September 2025 and replaces the 2015 application regulation (s 2). The regulation performs three broad mechanical functions.

First, it sets administrative timings, fees and membership-cost recovery rules for local practising certificates. It prescribes standard renewal and late renewal windows for barristers and solicitors (s 4), specifies categories of costs that may be recovered through practising certificate fees (s 5), and authorises the Council to determine amounts of late and additional fees (s 6). It also prescribes documentary requirements for particular applicants, for example requiring the Crown Solicitor to attach an Auditor‑General’s report to a practising certificate application (s 8).

Second, it creates a statutory deposit regime and prescribes detailed trust-account rules. Part 3, Division 1 requires law practices to deposit and keep on deposit minimum amounts in a Law Society account (ss 10-15). The regulation defines how the minimum amount is calculated (s 12), when it must be on deposit (s 13), and provides a procedure for a practice that cannot comply to seek a Law Society determination (s 14). It also imposes record‑keeping and audit obligations on the Law Society in relation to those Law Society accounts (s 15). For barristers who practise as sole practitioners and receive trust money directly, the regulation prescribes what counts as trust money, the required form of trust-money accounts and a suite of operational steps: notification to the Bar Association when an account is opened, receipts with defined content, deposit timing, retention periods for receipts, appointment of an external examiner, annual examination reporting and the timing for providing examination reports to the Bar Association (ss 16-19).

Current sections

Direct links to the current provisions in Legal Profession Uniform Law Application Regulation 2025.

Part 1

Preliminary

Part 1 Preliminary

Name of regulation

1 Name of regulation

This regulation is the Legal Profession Uniform Law Application Regulation 2025.

Commencement

2 Commencement

This regulation commences on 1 September 2025.

Note—

This regulation replaces the Legal Profession Uniform Law Application Regulation 2015, which is repealed on 1 September 2025 by the Subordinate Legislation Act 1989, section 10(2).

Definitions

3 Definitions

In this regulation—

applicable period, for Part 3, Division 1—see section 10(1).

approved form, for Part 5—see section 27.

costs of the review, for Part 5, Division 4—see section 45.

Law Society account, for Part 3, Division 1—see section 10(1)

lowest amount, for Part 3, Division 1—see section 10(1)

Manager, for Part 5—see section 27.

Manager’s review application, for Part 5, Division 4—see section 45.

minimum amount, for Part 3, Division 1—see section 10(1).

party review application, for Part 5, Division 4—see section 45.

the Act means the Legal Profession Uniform Law Application Act 2014.

the Uniform Law means the Legal Profession Uniform Law (NSW).

trust money, for Part 3, Division 2—see section 16.

trust money account, for Part 3, Division 2—see section 16.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.

Part 2

Local practising certificates

Part 2 Local practising certificates

Timing of applications for renewal of practising certificates

4 Timing of applications for renewal of practising certificates

For the Act, section 37(1)—

(a) for a barrister—

(i) the period from 1 April to 7 June is prescribed as the standard renewal period, and

(ii) the period from 8 June to 30 June is prescribed as the late fee period, and

(b) for a solicitor—

(i) the period from 1 April to 15 May is prescribed as the standard renewal period, and

(ii) the period from 16 May to 30 June is prescribed as the late fee period.

Fees for practising certificates

5 Fees for practising certificates

(1) For the Act, section 38(8), the following costs of the Bar Association and the Law Society may be recovered by the charging of practising certificate fees—

(a) costs that may be recovered under the Act, section 38(4),

(b) costs associated with providing a library, but only if the library is available to—

(i) for the Bar Association—all barristers, and

(ii) for the Law Society—all solicitors,

(c) costs associated with providing, or assisting with providing, a scheme in which legal services, including referral services, are provided to—

(i) the public on a pro bono basis or at reduced rates, or

(ii) a court or tribunal,

(d) costs associated with providing, or assisting to provide, information or a scheme—

(i) relating to the law, legal practice or conflict resolution, and

(ii) for the information or education of the public,

(e) costs associated with assisting the following with law reform activities that are provided for the public benefit—

(i) the Government,

(ii) the Commonwealth Government,

(iii) a parliamentary committee of the State or the Commonwealth,

(f) costs that are ancillary to the costs in paragraphs (a)–(e), including costs of an administrative nature.

(2) Subsection (1)(c) and (d) only apply if—

(a) the information or scheme does not confer a greater benefit on—

(i) for the Bar Association—members of the Bar Association, in comparison to other barristers, and

(ii) for the Law Society—members of the Law Society, in comparison to other solicitors, and

(b) the costs are not otherwise recoverable by the Bar Association or the Law Society.

Late fees and additional fees

6 Late fees and additional fees

(1) For the Act, section 39(2), the Council may determine—

(a) the amount of a late fee, and

(b) a scale of late fees that provides for a higher fee amount if more time has elapsed since the end of the standard renewal period prescribed by section 4.

(2) For the Act, section 40(2), the additional fee is the amount determined by the Council.

Exempt periods of practice—the Act, ss 45 and 45A

7 Exempt periods of practice—the Act, ss 45 and 45A

(1) An exempt period of practice must be subtracted from the period of supervised legal practice required by the statutory condition imposed by the Uniform Law, section 49 on an Australian practising certificate granted to a person.

(2) The operation of section 49 and other applicable provisions of the Uniform Law are modified to the extent necessary to give effect to this section.

(3) In this section—

exempt period of practice means a period of legal practice that a person engaged in as a government lawyer or corporate lawyer—

(a) before 1 July 2015, or

(b) while exempt from holding an Australian practising certificate under the Legal Profession Uniform Law Application Regulation 2015, Part 4, immediately before its repeal.

Crown Solicitor to attach Auditor-General’s report to practising certificate application

8 Crown Solicitor to attach Auditor-General’s report to practising certificate application

(1) For the Act, section 45(1)(b), an application by the Crown Solicitor for a local practising certificate must be accompanied by a report of the Auditor-General stating—

(a) that the Auditor-General has inspected the records kept under the Act, section 44A during the year that ended on the last preceding 31 March, and

(b) whether, in the Auditor-General’s opinion, the records have been kept as directed under the Act, section 44A.

(2) A report under this section may, with the Auditor-General’s approval, be provided by the Deputy Auditor-General or an Assistant Auditor-General.

Government lawyers—the Act, ss 45 and 166

9 Government lawyers—the Act, ss 45 and 166

(1) To avoid doubt, the legal practice in which the following government lawyers engage is legal practice as, or in the manner of, a barrister—

(a) the Solicitor General, the Crown Advocate or counsel assisting the Solicitor General or Crown Advocate,

(b) a parliamentary counsel,

(c) a Crown Prosecutor,

(d) a public defender.

(2) This section does not limit the government lawyers to whom an Australian practising certificate of a kind referred to in the Act, section 45(2) may be granted.

(3) The operation of the Uniform Law, Part 3.3 and other applicable provisions are modified to the extent necessary to give effect to this section.

(4) In this section—

Crown Prosecutor includes—

(a) a Crown Prosecutor appointed under the Crown Prosecutors Act 1986, and

(b) a specially appointed in-house counsel in the office of the Director of Public Prosecutions of New South Wales or of the Commonwealth who engages in legal practice as a prosecutor in a similar manner as a Crown Prosecutor in (a).

parliamentary counsel includes the Parliamentary Counsel, a Deputy or Assistant Parliamentary Counsel or other legislative counsel or legislative drafter.

public defender means a Public Defender, Deputy Senior Public Defender or Senior Public Defender appointed under the Public Defenders Act 1995.

Part 3

Trust accounts

Part 3 Trust accounts

Division 1

Statutory deposits—the Act, s 46

Division 1 Statutory deposits—the Act, s 46

Definitions

10 Definitions

(1) In this division—

applicable period means a period of 3 months ending on—

(a) 31 March, or

(b) 30 June, or

(c) 30 September, or

(d) 31 December.

Law Society account means an ADI account maintained by the Law Society if—

(a) the account is with an ADI nominated by the Law Society, and

(b) the Law Society is an owner of the account.

lowest amount, in a law practice’s general trust account, means the lowest amount recorded in a statement of account issued by an ADI for the account.

minimum amount—see section 12.

(2) For a law practice that starts to practise or provide legal services during an applicable period, the applicable period begins on the day the law practice starts to practise or provide legal services.

Law practice must deposit and keep deposited minimum amounts

11 Law practice must deposit and keep deposited minimum amounts

(1) A law practice must—

(a) deposit an amount not less than the minimum amount from the law practice’s general trust account into a Law Society account, and

(b) keep deposited the minimum amount in the Law Society account.

(2) Each principal of a law practice must take reasonable steps to ensure the law practice complies with subsection (1).

(3) This section does not affect an enforceable lien or claim that a law practice has over, or to, any money.

Minimum amount

12 Minimum amount

(1) The minimum amount for an applicable period is—

(a) an amount equal to—

(i) if A or B is less than $10,000—$0, or

(ii) if paragraph (i) does not apply—

(A) if B is less than A—80% of B, or

(B) otherwise—A, or

(b) if a repayment is made under the Act, section 47(1)(b) during the applicable period—an amount equal to—

(i) if C is less than $10,000—$0 from the day the repayment is made, or

(ii) otherwise—C from the day the repayment is made.

(2) In this section—

A is the amount equal to the sum of—

(a) the lowest amount in the law practice’s general trust account during the previous applicable period, and

(b) the amount kept on deposit by the law practice in the Law Society account on the day the lowest amount was recorded.

B is the amount equal to the sum of—

(a) the lowest amount in the law practice’s general trust account during the period from the last day of the previous applicable period until the 15th business day of the applicable period, and

(b) the amount kept on deposit by the law practice in the Law Society account on the day the lowest amount was recorded.

C is the amount equal to the sum of—

(a) the lower of the following—

(i) the lowest amount in the law practice’s general trust account during the period from the last day of the previous applicable period until the 15th business day after the day the repayment under the Act, section 47(1)(b) is made,

(ii) the lowest amount in the law practice’s general trust account during the previous applicable period, and

(b) the amount kept on deposit by the law practice in the Law Society account on the day the lowest amount in paragraph (a) was recorded.

Timing

13 Timing

(1) For an applicable period, a law practice must have the minimum amount specified in section 12(1)(a) on deposit in the Law Society account from the day that is 20 business days after the end of the last applicable period.

(2) If a repayment is made under the Act, section 47(1)(b) during the applicable period, a law practice must have the minimum amount specified in section 12(1)(b) on deposit in the Law Society account from the day that is 20 business days after the repayment is made.

Law practice unable to comply

14 Law practice unable to comply

(1) If a law practice is unable to comply with sections 11–13, the law practice must request that the Law Society determine the amount the law practice must deposit and keep deposited in the Law Society account.

(2) The request must be made—

(a) in writing, and

(b) in a form approved by the Law Society.

(3) A law practice is taken to comply with sections 11–13 for an applicable period if the law practice—

(a) makes a request under this section, and

(b) ensures the amount determined by the Law Society is kept deposited in the Law Society account from the day that is 5 business days after the law practice is notified of the determination.

Records to be kept by Law Society—the Act, s 166

15 Records to be kept by Law Society—the Act, s 166

The Law Society must—

(a) keep accounts of money deposited in Law Society accounts under this part, and

(b) have the Law Society accounts audited annually by an external firm of accountants, and

(c) as soon as possible after receiving the auditor’s report, give a copy of the report to the Attorney General.

Division 2

Trust money received by barristers—the Act, s 166 and the Uniform Law, s 133

Division 2 Trust money received by barristers—the Act, s 166 and the Uniform Law, s 133

Definitions

16 Definitions

In this division—

trust money means money held on account of legal costs for legal services that a barrister has not yet provided.

trust money account means an account maintained with an ADI—

(a) for the sole purpose of holding trust money, and

(b) that does not have, and is not linked to, a credit or mortgage facility, including any of the following—

(i) a line of credit,

(ii) an overdraft facility,

(iii) a mortgage offset facility.

Application of division

17 Application of division

This division applies to a barrister practising as a sole practitioner.

Barristers must notify Bar Association

18 Barristers must notify Bar Association

For the Act, section 166(2)(d), a barrister must notify the Bar Association of the following matters within 14 days of opening a trust money account—

(a) the name of the ADI that holds the account,

(b) the date on which the account was opened,

(c) the account number.

Holding and receiving trust money

19 Holding and receiving trust money

(1) For the Act, section 166(2)(d), a barrister may receive and hold trust money if—

(a) the money is received in relation to instructions accepted by the barrister directly from a person who is not a solicitor, and

(b) as soon as possible after receiving the money, the barrister—

(i) deposits the money into a trust money account maintained by the barrister, if it was not deposited directly into a trust money account, and

(ii) gives the person from whom the money was received a written receipt that includes the information specified in subsection (2), and

(c) the barrister has complied with section 18 in relation to the trust money account, and

(d) the money remains in the trust money account until the barrister—

(i) gives a bill to the client, or

(ii) refunds the money to the client, or

(iii) pays the money to a solicitor later engaged by the client, and

(e) the barrister appoints an external examiner to examine the trust money account for each reporting period, and

(f) the barrister obtains from the external examiner a report about the examination that covers the reporting period, and

(g) the barrister provides to the Bar Association a copy of the examination report, in a form approved by the Bar Council, not later than 7 June immediately after the end of the period to which the report relates.

(2) For subsection (1)(b)(ii), the receipt must contain the following information—

(a) the date the receipt was prepared,

(b) the date the barrister received the money,

(c) the amount of money received,

(d) the name of the person from whom the money was received,

(e) the purpose for which the money was received,

(f) the circumstances in which the money may be paid from the trust money account.

(3) The barrister must keep a copy of the receipt until the later of the following—

(a) the day that is 7 years from the day the receipt was prepared,

(b) the day the matter to which the receipt relates is completed.

(3A) Subsection (1)(e)–(g) do not apply for a reporting period if the barrister satisfies the Bar Association that—

(a) the barrister did not deposit money into the trust money account during the reporting period, and

(b) the trust money account did not hold money during the reporting period.

(4) In this section—

external examiner means a person qualified to be appointed as an external examiner under the Legal Profession Uniform General Rules 2015.

reporting period means the period of 12 months beginning on 1 April in a year and ending on 31 March in the following year.

s 19: Am 2025 (635), Sch 1[1]–[3].

Part 4

Legal costs—particular kinds of costs

Part 4 Legal costs—particular kinds of costs

Fixed costs for recovery of certain debts and enforcement of certain judgments

20 Fixed costs for recovery of certain debts and enforcement of certain judgments

(1) For the Act, section 59(1)(d) and (e), the costs specified in Schedule 1 are fixed as the costs payable for the legal services specified in Schedule 1 for the enforcement of—

(a) a lump sum debt or liquidated sum for damages, and

(b) a judgment, including a judgment for the possession of land, by a judgment creditor.

(2) The costs specified in Schedule 1 include all attendances, copying, letters, perusals, searches and telephone calls carried out in relation to the matter by or for the law practice retained by the plaintiff.

(3) The costs specified in Schedule 1, other than the following costs, exclude filing fees and service costs if the filing fees and service costs are otherwise recoverable—

(a) Schedule 1, Part 1, item 2,

(b) Schedule 1, Part 2, item 2.

(4) To avoid doubt, this section does not fix the costs payable for obtaining a judgment in contested matters.

Fixed costs for workers compensation matters

21 Fixed costs for workers compensation matters

(1) For the Act, section 59(1)(a), the costs specified in Schedule 2, Parts 1–3 are fixed as the fair and reasonable costs for legal services specified in Schedule 2, Parts 1–3 provided in a workers compensation matter.

(2) For the Act, section 59(1)(g), the costs specified in Schedule 2, Part 4 are fixed as the amount of costs for the matters specified in Schedule 2, Part 4 that are not legal services but are related to proceedings in a workers compensation matter.

(3) However, after calculating the costs for legal services under Schedule 2, Parts 1 and 2 (the total costs), the fair and reasonable costs for the legal services are the total costs minus 10%.

(4) This section does not prevent a law practice from charging an additional allowance to the costs fixed by subsection (1) or (3) if—

(a) the legal service requires particular skill or attention by the Australian legal practitioner involved, and

(b) the amount of the allowance is no more than fair and reasonable in accordance with the Uniform Law, section 172.

(5) For the legal services specified in Schedule 2, Part 2—

(a) costs for senior counsel or more than one advocate are not fair and reasonable unless a court order approves the charging of the cost, and

(b) additional costs are fair and reasonable if a court orders that charging the costs is warranted because of special circumstances.

Note—

See the Workplace Injury Management and Workers Compensation Act 1998, sections 113, 334 and 335 in relation to the interaction of this section with costs fixed under that Act.

Fixed costs for probate and administration of estates matters

22 Fixed costs for probate and administration of estates matters

(1) For the Act, section 59(1)(f), the costs specified in Schedule 1 are fixed as the costs payable for the legal services specified in Schedule 1 for the enforcement of a judgment for the possession of land in relation to probate or the administration of an estate.

(2) The following are fixed as the costs payable for the legal services specified in Schedule 3—

(a) for the first grant of probate or administration or the resealing of probate or letters of administration—the costs specified in Schedule 3, Parts 1 and 2,

(b) for a further grant of probate or the uplifting of granted or resealed probate—the costs specified in Schedule 3, Parts 1 and 3.

(3) For the Act, section 59(3)(b), in addition to the costs fixed by subsection (2), if a law practice performs additional work in relation to the first grant of administration or the resealing of letters of administration, the costs payable for the legal services are fixed as the costs set out in the Supreme Court Rules 1970, Schedule G, Table 1.

GST may be added to fixed costs

23 GST may be added to fixed costs

(1) For the Act, section 59(1), GST may be added to a cost fixed by this part (a fixed cost) if GST is payable for the legal or other service.

(2) If GST is added to a fixed cost, the increased cost is taken to be the fixed cost.

(3) In this section—

GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth.

Disclosures for costs agreements in personal injury damages matters

24 Disclosures for costs agreements in personal injury damages matters

(1) This section applies to a costs agreement between a client and a law practice retained by the client in relation to a claim for personal injury damages.

(2) For the Act, Schedule 1, clause 4(2), the law practice must disclose the following information about the effect of the costs agreement in relation to the operation of that schedule to the client—

(a) a statement that the Act, Schedule 1 would, but for the costs agreement, limit the maximum costs for legal services provided to the client in connection with the claim,

(b) information about the way in which the maximum costs are calculated,

(c) a statement that making the costs agreement will exclude the operation of the Act, Schedule 1,

(d) information about the way in which legal costs will be calculated if the costs agreement is made,

(e) a statement that—

(i) the costs agreement will only relate to costs payable between the client and the law practice, and

(ii) if costs are recoverable against the other party to the claim, the maximum costs recoverable against the other party will be the costs fixed under the Act, Schedule 1.

(3) The law practice must disclose the information—

(a) in writing, and

(b) before, or as soon as practicable after, the law practice is retained by the client, and

(c) before the costs agreement is entered into.

(4) This section does not apply if, when a costs agreement relating to a matter was entered into, the law practice could not have reasonably expected the matter to involve a claim for personal injury damages.

(5) For the Act, Schedule 1, clause 4(3), a law practice’s failure to comply with the requirements of this section disentitles the law practice to the benefit of the Act, Schedule 1, clause 4.

Disclosures of information about offers of compromise in personal injury damages matters

25 Disclosures of information about offers of compromise in personal injury damages matters

(1) For the Act, Schedule 1, clause 5(3), a law practice must disclose to the practice’s client the following information in relation to the operation of the clause if the client refuses to accept an offer of compromise—

(a) a statement that an offer of compromise has been made to the client,

(b) the details, or a summary of the details, of the offer,

(c) a statement about the reasonableness of the offer,

(d) a statement about the effect of declining a reasonable offer of compromise, including that the court may award costs on an indemnity basis for legal services provided after the offer was made,

(e) a statement about the specific effect of declining a reasonable offer of compromise on the interests of the parties.

(2) The law practice must disclose the information specified in subsection (1)—

(a) in writing, and

(b) as soon as practicable after the offer of compromise is made, and

(c) before the law practice communicates the client’s decision to accept or decline the offer to the other parties or the court.

Court documentation

26 Court documentation

For the Act, Schedule 2, clause 4(4), definition of court documentation, the following documents are prescribed—

(a) a document initiating an appeal or cross-appeal,

(b) an application for leave to appeal or cross-appeal,

(c) a defence to an appeal or cross-appeal,

(d) an amended document of a kind specified in paragraph (a), (b) or (c),

(e) a document amending a document of a kind specified in paragraph (a), (b) or (c).

Part 5

Legal costs—costs assessment under the Act, Part 7

Part 5 Legal costs—costs assessment under the Act, Part 7

Definitions

27 Definitions

In this part—

approved form means a form approved by the Chief Justice under section 58.

Manager means the Manager, Costs Assessment as defined in the Act, section 3(1).

Application

28 Application

(1) This part is made under the Act, section 166(4).

Note—

The Act, section 166(4) enables regulations about matters for which costs assessment rules may be made. The Act, section 93 sets out the matters for which costs assessment rules may be made and a reference to section 93 in this part should be read with section 166(4).

(2) For this part, an application by the designated local regulatory authority under the Uniform Law, section 284 for an assessment of costs charged or claimed by the respondent to a complaint is taken to be an application for assessment of costs.

(3) For an application referred to in subsection (2)—

(a) Division 2, other than section 37, does not apply to the application, and

(b) a reference in section 37 to the law practice to which the costs are payable is taken to be a reference to the respondent to the complaint.

Applications

29 Applications

For the Act, sections 68(1) and 93(1)(a) and (c), an application for costs assessment must—

(a) be in the approved form, and

(b) include a statement that there is no reasonable prospect of settling the matter to which the application relates by mediation, and

(c) authorise a costs assessor to access and inspect all documents in relation to the matter to which the application relates held by—

(i) the applicant, or

(ii) a law practice, or

(iii) an Australian legal practitioner, or

(iv) an Australian-registered foreign lawyer.

Fee for costs assessment applications

30 Fee for costs assessment applications

For the Act, section 68(2)(b), the prescribed fee is the greatest of the following amounts—

(a) $100,

(b) 1% of the unpaid amount on the bill of costs when the application is made,

(c) 1% of the total amount of costs in dispute when the application is made.

Applications by third party payers

31 Applications by third party payers

(1) For the Act, sections 68(1) and 93(1)(a), if there is a third party payer for a client of a law practice—

(a) the client or third party payer may make one or more costs assessment applications for legal costs for which the client or third party payer is solely liable, and

(b) the applications may be—

(i) made at the same time or at different times, and

(ii) dealt with jointly or separately.

(2) Despite another provision of this division, the assessment of the costs payable by a non-associated third party payer for a client of a law practice does not affect the amount of legal costs payable by the client to the law practice.

Ordered costs—applications by person to whom costs are payable

32 Ordered costs—applications by person to whom costs are payable

(1) This section applies to an application for assessment of ordered costs made by the person to whom the costs are payable.

(2) For the Act, sections 68(1) and 93(1)(a), before making an application, the applicant must send the person who is liable to pay the costs (the respondent)—

(a) a copy of the application completed in the approved form, and

(b) a notice advising that the respondent may send a written objection to the application to the applicant within 21 days after the notice is sent.

(3) The application must not be made until the applicant receives an objection or the expiry of the period specified in the notice under subsection (2), whichever occurs earlier.

(4) The application must include—

(a) a copy of an objection received in accordance with the notice, or

(b) a statement that the applicant did not receive an objection.

(5) The application may include a response to the objection.

(6) If the respondent makes an objection after the expiry of the period specified in the notice—

(a) the applicant must send a copy of the objection to the costs assessor to whom the application is referred, and

(b) the applicant may send a written response to the objection to the costs assessor.

Ordered costs—applications by person liable to pay costs

33 Ordered costs—applications by person liable to pay costs

(1) This section applies to an application for assessment of ordered costs made by the person liable to pay the costs.

(2) For the Act, sections 68(1) and 93(1)(a), before making the application, the applicant must send the person to whom the costs are payable (the respondent)—

(a) a copy of the application completed in the approved form, and

(b) a notice advising that the respondent must add the information required by the form to the application and return it to the applicant within 21 days after the notice is sent.

(3) The applicant may make a written objection to the information provided by the respondent.

(4) If the applicant makes an objection, the applicant must send the respondent—

(a) a copy of the objection, and

(b) a notice advising that the respondent may send a written response to the objection to the applicant within 21 days after the notice is sent.

(5) The application must not be made until—

(a) if the applicant makes an objection—the applicant sends the notice under subsection (4) and either receives a response to the objection or the period specified in the notice expires, whichever occurs earlier, or

(b) otherwise—the applicant receives the completed form or the expiry of the period specified in the notice under subsection (2), whichever occurs earlier.

(6) If the applicant makes an objection, the application must include—

(a) a copy of the objection, and

(b) either—

(i) a copy of a response received in accordance with a notice under subsection (4), or

(ii) a statement that the applicant did not receive a response.

(7) If the respondent sends a response to an objection after the expiry of the period specified in the notice under subsection (4), the applicant must send a copy of the response to the costs assessor to whom the application is referred.

Ordered costs—procedure after application received

34 Ordered costs—procedure after application received

(1) For the Act, section 93(1)(a), after receiving an application for assessment of ordered costs, the Manager must—

(a) for an application made by the person to whom the costs are payable—send a copy of the application to the person liable to pay the costs, or

(b) for an application made by the person liable to pay the costs—send a copy of the application to the person to whom the costs are payable.

(2) The Manager must refer an application for assessment of ordered costs to a costs assessor for assessment as soon as reasonably practicable after the application is received.

Ordered costs—procedure after referral received from court or tribunal

35 Ordered costs—procedure after referral received from court or tribunal

(1) For the Act, section 93(1)(a), the Manager must comply with this section after receiving a referral from a court or tribunal for assessment of ordered costs under the Act, section 74(2).

(2) The Manager must send the person to whom the costs are payable (the payee)—

(a) a copy of the approved form, and

(b) a notice advising that the payee must complete the form and return it to the Manager within a specified period that is not less than 21 days after the notice is sent.

(3) If the payee has completed the form in accordance with subsection (2), the Manager must send the person who is liable to pay the costs (the payer)—

(a) a copy of the form completed by the payee, and

(b) a notice advising that the payer may send a written objection to the form to the Manager within a specified period that is not less than 21 days after the notice is sent.

(4) If the payer makes an objection in accordance with the notice under subsection (3), the Manager must send the payee—

(a) a copy of the objection, and

(b) a notice advising that the payee may send a written response to the objection to the Manager within a specified period that is not less than 21 days after the notice is sent.

(5) If the payee sends a response to the objection in accordance with a notice under subsection (4), the Manager must send the payer a copy of the response.

(6) The Manager must, as soon as reasonably practicable, refer the application to a costs assessor for assessment if—

(a) after sending a notice under subsection (3), the Manager does not receive an objection before the expiry of the period specified in the notice, or

(b) after sending a notice under subsection (4)—

(i) the Manager does not receive a response to the objection before the expiry of the period specified in the notice, or

(ii) the Manager receives a response to the objection within the period specified in the notice.

(7) The Manager must send copies of objections and responses to the costs assessor, whether or not the objection or response is received in accordance with a notice under this section.

(8) For this section, if the referral is made before the court or tribunal determines which party is liable to pay the costs—

(a) the payee is the party directed by the court to make the application, and

(b) the payer is the other party.

Uniform Law costs—procedure after application received from law practice to which costs are payable

36 Uniform Law costs—procedure after application received from law practice to which costs are payable

(1) For the Act, section 93(1)(a), the Manager must comply with this section after receiving an application for assessment of Uniform Law costs made by the law practice to which costs are payable under the Uniform Law, section 198(1)(c).

(2) The Manager must send the send the person who was given the bill of costs (the respondent)—

(a) a copy of the application, and

(b) a notice advising that the respondent may send a written objection to the application to the Manager within a specified period that is not less than 21 days after the notice is sent.

(3) If the respondent makes an objection in accordance with the notice under subsection (2), the Manager must send the applicant—

(a) a copy of the objection, and

(b) a notice advising the applicant may send a written response to the objection to the Manager within a specified period that is not less than 21 days after the notice is sent.

(4) If the applicant sends a response to the objection in accordance with the notice under subsection (3), the Manager must send the respondent a copy of the response.

(5) The Manager must, as soon as reasonably practicable, refer the application to a costs assessor for assessment if—

(a) after sending a notice under subsection (2), the Manager does not receive an objection before the expiry of the period specified in the notice, or

(b) after sending a notice under subsection (3)—

(i) the Manager does not receive a response to the objection before the expiry of the period specified in the notice, or

(ii) the Manager receives a response to the objection within the period specified in the notice.

(6) The Manager must send copies of objections and responses to the costs assessor, whether or not the objection or response is received in accordance with a notice under this section.

Uniform Law costs—procedure after application received from another person

37 Uniform Law costs—procedure after application received from another person

(1) For the Act, section 93(1)(a), the Manager must comply with this section after receiving an application for assessment of Uniform Law costs made by a person, other than the law practice to which the costs are payable, under the Uniform Law, section 198(1)(a), (b) or (d).

(2) The Manager must send the law practice to which the costs are payable—

(a) a copy of the application, and

(b) a notice advising that the law practice may send a written response to the application to the Manager within a specified period that is not less than 21 days after the notice is sent.

(3) If the law practice sends a response in accordance with the notice under subsection (2), the Manager must send the applicant a copy of the response.

(4) The Manager must, as soon as reasonably practicable, refer the application to a costs assessor for assessment if after sending a notice under subsection (2)—

(a) the Manager does not receive a response before the expiry of the period specified in the notice, or

(b) the Manager receives a response within the period specified in the notice.

(5) The Manager must send a copy of a response to the costs assessor, whether or not the response is received in accordance with a notice under this section.

Division 3

Determination of costs assessments

Division 3 Determination of costs assessments

Costs assessor may require documents or information

38 Costs assessor may require documents or information

(1) For the Act, section 93(1)(c), a costs assessor may, by written notice to a person, require the person to do the following for the purpose of determining an application for an assessment of costs—

(a) give the costs assessor a document, or a copy of a document, specified in the notice at a time and place specified in the notice,

(b) send the costs assessor written information specified in the notice on or before a date specified in the notice, including information about—

(i) the instructions given to, or work done by, a law practice in relation to the matter, and

(ii) the basis on which the costs were calculated,

(c) assist or co-operate with the determination of the assessment in a way specified in the notice.

(2) A costs assessor may, by written notice to a person, require the person to verify information sent in compliance with a requirement specified in subsection (1)(b) by statutory declaration.

(3) A person must comply with a notice given to the person under this section.

Maximum penalty—

(a) for an individual—20 penalty units, or

(b) otherwise—50 penalty units.

(4) If a person fails, without reasonable excuse, to comply with the written notice, the costs assessor may—

(a) decline to deal with the application, or

(b) continue to deal with the application.

(5) In this section—

person includes the following—

(a) the applicant,

(b) the law practice to which the costs are payable,

(c) another party to the costs assessment,

(d) another law practice or client.

Costs fixed by other legislation

39 Costs fixed by other legislation

For the Act, section 93(1)(b)—

(a) an assessment of costs fixed by a provision of another Act must be made in accordance with that provision, despite anything to the contrary in Part 4, and

(b) an assessment of costs fixed by a regulation under the Motor Accidents Compensation Act 1999, section 149 must be made in accordance with that regulation, despite anything to the contrary in Part 4, and

(c) an assessment of costs fixed by a provision of a statutory rule made under another Act must be made in accordance with that provision, but only to the extent that the provision is not inconsistent with Part 4.

Disbursements for workers compensation matters

40 Disbursements for workers compensation matters

For the Act, section 93(1)(b)(i), when determining an application for assessment of costs for legal services provided in a workers compensation matter, if there is doubt about whether a disbursement was reasonably incurred or is a reasonable amount, the costs assessor must resolve the matter in favour of the party liable to pay the disbursement cost.

Referral of applications to costs assessors

41 Referral of applications to costs assessors

(1) For the Act, section 93(1)(a), the Manager must refer a costs assessment application to the most suitable costs assessor, having regard to the following—

(a) the costs assessor’s availability,

(b) the nature of the matter,

(c) for an assessment of ordered costs—the court or tribunal in which the order for costs was made,

(d) the location of the parties and Australian legal practitioners acting for the parties,

(e) the need to avoid a conflict of interest.

(2) The Manager must inform the parties to a costs assessment application of the name, address and other contact details of the costs assessor to whom the application has been referred.

Ordered costs—determination of costs of costs assessor and Manager

42 Ordered costs—determination of costs of costs assessor and Manager

For the Act, section 93(1)(b)(v), a costs assessor may consider the following matters in making a determination under the Act, section 71(1)(c) in relation to ordered costs—

(a) the extent to which the determination of the amount of fair and reasonable ordered costs differs from the amount claimed in the costs assessment application,

(b) whether, in the costs assessor’s opinion, the parties to the costs assessment made a genuine attempt to agree on the amount of fair and reasonable ordered costs,

(c) whether, in the costs assessor’s opinion, a party to the costs assessment unnecessarily delayed the determination of the costs assessment.

Reasons for costs assessor’s determination

43 Reasons for costs assessor’s determination

(1) For the Act, section 93(1)(b)(vii), a costs assessor must ensure the following information is attached to a certificate issued by the costs assessor under the Act, section 70—

(a) the reasons for the costs assessor’s determination,

(b) the total amount of the following that the costs assessor determined were fair and reasonable—

(i) costs for providing legal services,

(ii) disbursements,

(c) the disbursements varied by the costs assessor’s determination,

(d) in relation to disputed costs, information about—

(i) the basis on which the costs were assessed, and

(ii) how the parties’ submissions were dealt with,

(e) if the costs assessor has made a determination about interest under the Act, section 81—a statement—

(i) of the rate determined by the costs assessor at which interest is payable, or

(ii) that no interest is payable,

(f) if the costs assessor declined to assess a bill of costs—the reasons why the costs assessor declined,

(g) other information the costs assessor considers necessary to clarify the outcome of the assessment.

(2) A costs assessor must ensure the following information is attached to a certificate issued by the costs assessor under the Act, section 71—

(a) the reasons for the costs assessor’s determination,

(b) other information the costs assessor considers necessary to clarify the costs assessor’s determination.

Certificate of costs assessor’s determination

44 Certificate of costs assessor’s determination

(1) For the Act, sections 70(5A) and 93(1)(b)(vi), on making a determination of costs, a costs assessor must give the following to the Manager—

(a) the certificate issued under the Act, section 70,

(b) the certificate issued under the Act, section 71.

(2) After receiving the certificates, the Manager must—

(a) if costs of the assessment are payable—give the parties—

(i) an invoice for the costs of the assessment, and

(ii) a written notice that a copy of each certificate will be given when the costs of the assessment are paid, and

(iii) a copy of each certificate on payment of the costs of the assessment, or

(b) if no costs of the assessment are payable—give a copy of each certificate to the parties.

(3) In this section—

costs of the assessment means the costs of the costs assessor and Manager referred to in the Act, section 71(1)(a) and (b).

Division 4

Review of costs assessments

Division 4 Review of costs assessments

Definitions

45 Definitions

In this division—

costs of the review mean the costs of the review panel, Manager and costs assessors who constitute the review panel referred to in the Act, section 88(1)(a) and (b).

Manager’s review application means an application by the Manager for a review of a costs assessor’s determination under the Act, section 84.

party review application means an application by a party to a costs assessment for the review of a costs assessor’s determination under the Act, section 83.

Applications for review from parties

46 Applications for review from parties

(1) For the Act, sections 83(2) and 93(1)(a), a party review application must—

(a) be made in the approved form, and

(b) include the following documents—

(i) an affidavit stating that the party review application has been served on the other parties to the costs assessment,

(ii) a copy of the costs assessor’s certificates of determination for the assessment,

(iii) a copy of the costs assessor’s statement of reasons for the determination.

(2) Another document required or permitted to be given to the Manager or a review panel in relation to the party review application may be given—

(a) by filing the document with the Manager, or

(b) by sending the document by post to the Manager or a place nominated by the review panel, or

(c) in another way specified by a member of the panel.

(3) For the Act, section 83(3)(b), the prescribed application fee is $275.

(4) For the Act, sections 83(3)(c) and 93(1)(a), the party review application may be served on another party to the costs assessment by sending the application to the address given by the party for the original costs assessment.

Applications for review from the Manager

47 Applications for review from the Manager

(1) For the Act, sections 84(2)(a) and 93(1)(a), a Manager’s review application must—

(a) be made in the approved form, and

(b) include the following documents—

(i) a copy of the costs assessor’s certificates of determination for the assessment that is the subject of the Manager’s review application,

(ii) a copy of the costs assessor’s statement of reasons for the determination.

(2) For the Act, sections 84(2)(b) and 93(1)(a), a copy of the Manager’s review application may be served on a party to the proposed review by sending the application to the address given by the party for the original costs assessment.

Establishment of review panels

48 Establishment of review panels

(1) For the Act, sections 82 and 93(1)(b)(iii), a costs assessor must only be appointed to a review panel by the Manager from a list of costs assessors the Chief Justice of New South Wales considers suitably qualified to be members of review panels.

(2) In appointing a costs assessor to a review panel, the Manager must consider the following—

(a) the costs assessor’s availability,

(b) the nature of the party review application or Manager’s review application,

(c) the location of the parties and the Australian legal practitioners acting for the parties,

(d) the avoidance of conflicts of interest.

(3) The Manager must not appoint a costs assessor to a review panel if the costs assessor made the determination that is the subject of the party review application or Manager’s review application.

(4) The Chief Justice of New South Wales may amend or revoke a list under subsection (1) for any reason.

(5) The Chief Justice of New South Wales may delegate the Chief Justice’s functions under this section, other than this power of delegation, to—

(a) a Judge of the Supreme Court, or

(b) a committee comprising a Judge of the Supreme Court and other persons appointed by the Chief Justice.

Referral to review panels

49 Referral to review panels

(1) For the Act, section 93(1)(a), the Manager must refer a party review application to a review panel.

(2) For the Act, section 93(1)(b)(iv)—

(a) a member of a review panel must disclose to the Manager any interest in a party review application or Manager’s review application referred to the panel as soon as practicable after becoming aware of the interest, and

(b) if the Manager is satisfied the member has an interest in the application that conflicts with the proper performance of the member’s duties in relation to the consideration of the application, the Manager must refer the application to a differently constituted review panel that does not include the member.

(3) For the Act, section 93(1)(b)(iii), the Manager must, by written notice to the parties to a party review application or Manager’s review application—

(a) inform the parties of the names of the costs assessors appointed to the review panel for the application, and

(b) direct that all correspondence to the review panel must be addressed to the review panel, unless otherwise directed by a member of the review panel.

Documents to be given to review panel

50 Documents to be given to review panel

(1) For the Act, section 93(1)(c), a review panel may, by written notice, require the following persons to send a document relating to a costs assessment that is in the possession of the person to the panel—

(a) a costs assessor,

(b) a law practice,

(c) another person, including an applicant or an associate of a law practice.

(2) If the person fails, without reasonable excuse, to comply with the written notice, the review panel may—

(a) decline to deal with the party review application or Manager’s review application, or

(b) continue to deal with the party review application or Manager’s review application on the basis of the information provided.

(3) A costs assessor must keep a document relating to a costs assessment, other than a document returned to a party to the assessment, until—

(a) the day that is 12 months after the day on which the costs assessor issued a certificate under the Act, section 70 in relation to the costs assessment, or

(b) if a party review application or Manager’s review application to review the costs assessment is made before the day specified in paragraph (a)—the day that is 12 months after the day on which the review panel issued a certificate under section 52 or the Act, section 87 in relation to the review.

(4) A law practice or associate of a law practice must keep a document relating to a costs assessment that is returned to the practice or associate by the costs assessor until—

(a) the day that is 12 months after the day on which the costs assessor issued a certificate under the Act, section 70 in relation to the costs assessment, or

(b) if a party review application or Manager’s review application to review the costs assessment is made before the day specified in paragraph (a)—the day that is 12 months after the day on which the review panel issued a certificate under section 52 or the Act, section 87 in relation to the review.

(5) Subsections (3) and (4) do not apply to a document that has been sent to a review panel in accordance with a written notice under subsection (1) unless the review panel returns the document.

Refund of application fee

51 Refund of application fee

For the Act, sections 85(2) and 93(1)(b)(i), in determining a party review application, a review panel may—

(a) order the refund of the application fee paid under the Act, section 83(3)(b) to the applicant, and

(b) determine another party to the review must pay the application fee.

Certificate required if review panel affirms costs assessor’s determination

52 Certificate required if review panel affirms costs assessor’s determination

For the Act, section 93(1)(b)(vi), a review panel that affirms a costs assessor’s determination must issue a certificate in the approved form that sets out the panel’s determination.

Reasons for review panel’s determination

53 Reasons for review panel’s determination

(1) This section applies to a certificate setting out a review panel’s determination issued by the panel under section 52 or the Act, section 87.

(2) For the Act, section 93(1)(b)(vii), a review panel must attach the following information to a certificate—

(a) the reasons for the panel’s determination,

(b) the total amount of the following that the panel determined were fair and reasonable—

(i) costs for providing legal services,

(ii) disbursements,

(c) the disbursements varied by the panel’s determination,

(d) in relation to disputed costs, information about—

(i) the basis on which the costs were assessed, and

(ii) how the parties’ submissions were dealt with,

(e) details of any determination of the panel under section 51 about the application fee for the review,

(f) details of any determination of the panel about the person by whom, and the extent to which, the costs of the costs assessor and the Manager referred to in the Act, section 71 for the costs assessment are payable,

(g) if the panel has made a determination about interest under the Act, section 81—a statement—

(i) of the rate determined by the panel at which interest is payable, or

(ii) that no interest is payable,

(h) if the panel declined to review a bill of costs—the reasons why the panel declined,

(i) other information the panel considers necessary to clarify the outcome of the review.

Certificate of review panel’s determination

54 Certificate of review panel’s determination

(1) For the Act, section 93(1)(b)(vi), on making a determination on review, a review panel must give the Manager—

(a) the certificate issued under section 52 or the Act, section 87, and

(b) if the review panel made a determination about the costs of the review—the certificate issued under the Act, section 88.

(2) After receiving the certificates, the Manager must—

(a) if costs of the review are payable—give the parties—

(i) an invoice for the costs of the review, and

(ii) a written notice that a copy of each certificate will be given when the costs of the review are paid, and

(iii) a copy of each certificate on payment of the costs of the review, or

(b) if no costs of the review are payable—give a copy of the certificate issued under section 52 or the Act, section 87 to the parties.

Determination of costs of reviews

55 Determination of costs of reviews

(1) For the Act, section 93(1)(b)(v), a review panel—

(a) must require the party that made a party review application to pay the costs of the review if—

(i) the panel affirms the costs assessor’s determination, or

(ii) the panel sets aside and substitutes the costs assessor’s determination with a determination that—

(A) is favourable to the party who made the party review application, but

(B) increases or decreases the total costs payable, as assessed by the costs assessor, by less than 15%, and

(b) in all other circumstances, may—

(i) require a party to a review to pay the costs of a review, or

(ii) determine the costs of a review be apportioned between the parties to the review in a way the panel considers appropriate.

(2) For subsection (1)(b), a review panel may have regard to the following matters—

(a) the extent to which the determination of the amount of fair and reasonable costs differs from the amount claimed in the party review application,

(b) whether, in the panel’s opinion, the parties to the review made a genuine attempt to agree on the amount of fair and reasonable costs,

(c) whether, in the panel’s opinion, a party to the review unnecessarily delayed the determination of the review.

Division 5

Miscellaneous

Division 5 Miscellaneous

Correction of errors in costs assessment and review determinations

56 Correction of errors in costs assessment and review determinations

(1) For the Act, section 93(1)(e), a decision-maker may, at any time after making a determination, correct a clerical mistake, or an error arising from an accidental slip or omission, in the determination by—

(a) setting aside and substituting the previous determination with a new determination, and

(b) issuing a certificate that sets out the new determination (a replacement certificate).

(2) The replacement certificate replaces a certificate issued by the decision-maker that sets out the previous determination (a previous certificate).

(3) If a judgment took effect on the filing of the previous certificate with a court under the Act, section 70(5), 71(3), 87(2) or 88(3), the judgment is varied to the extent necessary to give effect to the new determination on the filing of the replacement certificate in the office or registry of a court with jurisdiction to order the payment of the amount of the new determination.

(4) In this section—

decision-maker means—

(a) for a determination made by a costs assessor—the costs assessor, or

(b) for a determination made by a review panel—the review panel.

Information relating to costs assessments

57 Information relating to costs assessments

(1) For the Act, section 93(1)(b)(i), during a costs assessment or review, a costs assessor may consider information and documents provided by the Costs Assessment Rules Committee.

(2) The Costs Assessment Rules Committee may provide the following to costs assessors, to assist costs assessors to assess costs—

(a) information about market rates for legal costs,

(b) comparative assessments of previous costs assessments and reviews,

(c) relevant judgments of the Supreme Court on appeal from costs assessors’ determinations,

(d) advice about relevant provisions of the Act and this regulation,

(e) other relevant information.

(3) In this section—

Costs Assessment Rules Committee means the Costs Assessment Rules Committee constituted under the Act, section 92.

Approved forms

58 Approved forms

For the Act, section 162(2), the Chief Justice of the Supreme Court may, on the Manager’s recommendation, approve forms, and amendments to approved forms, for this part.

Ordered costs—transitional provision—the Act, Sch 9, cl 1

59 Ordered costs—transitional provision—the Act, Sch 9, cl 1

(1) The provisions of the Legal Profession Act 2004 and the Legal Profession Regulation 2005 relating to ordered costs continue to apply to a matter if the proceedings to which the costs relate commenced before 1 July 2015.

(2) The Act and this regulation do not apply to a matter referred to in subsection (1).

Part 6

Registers

Part 6 Registers

Register of local practising certificates

60 Register of local practising certificates

(1) For the Act, section 149(3)(a), the following information must be included in a register kept under the Act, section 149 for a local legal practitioner in the register—

(a) the category of local practising certificate held by the practitioner,

(b) the contact details of the practitioner’s office,

(c) other information about the practitioner the appropriate Council considers should be included.

(2) For a local legal practitioner who is a solicitor, the register must also contain the following information—

(a) if the solicitor is an associate of a law practice—the name of the law practice,

(b) if the solicitor is not an associate of a law practice—the name of the entity—

(i) of which the solicitor is a director, officer or employee, or

(ii) with which the solicitor is otherwise engaged in legal practice,

(c) if the office of the law practice or entity referred to in paragraph (a) or (b) is located in NSW—in a separate additional entry, the name and contact details of the office,

(d) other information about the law practice or entity the appropriate Council considers should be included.

(3) However, information in subsection (1) or (2) must not be included in the register if—

(a) a local legal practitioner requests, in writing, the information be excluded, and

(b) the appropriate Council is satisfied that special circumstances exist to justify excluding the information, and

Example—

The local legal practitioner’s safety or well-being would be substantially affected by making the information publicly available.

(c) the public interest in making the information publicly available does not outweigh the interest of one or more persons in the information not being publicly available.

(4) In this section—

contact details, of an office, mean the office’s—

(a) street address, and

(b) postal address.

Notification of changes

61 Notification of changes

(1) For the Act, section 149(3)(b), a local legal practitioner must give the appropriate Council written notice of a change to the information the practitioner disclosed in the practitioner’s last application for renewal of a local practising certificate.

(2) Notice under subsection (1) must be given within 7 days of the change occurring.

(3) A local legal practitioner must also, in accordance with a request from the Council, notify the appropriate Council of the following events—

(a) a change to, or the dissolution of, a partnership in which the practitioner is a partner,

(b) the practitioner’s formation of a new partnership,

(c) the practitioner’s acquisition of the law practice of another Australian legal practitioner,

(d) the practitioner’s formation of an incorporated legal practice,

(e) the commencement of the provision of legal services by an incorporated legal practice of which the practitioner is a principal,

(f) a change to, or the winding up of, an incorporated legal practice of which the practitioner is a principal, including a change in the principals of the incorporated legal practice.

Register of Disciplinary Action

62 Register of Disciplinary Action

For the Act, section 152(3), the Register of Disciplinary Action must include the following information about a person against whom disciplinary action is taken—

(a) the person’s professional capacity when the conduct the subject of the complaint occurred,

Example of professional capacity—

barrister or solicitor

(b) the person’s professional capacity when the complaint was made, if different to paragraph (a),

(c) the local regulatory authority that took the disciplinary action,

(d) a summary or description of the conduct that is the subject of the disciplinary action,

(e) the date the local regulatory authority decided to take disciplinary action,

(f) the date the disciplinary action took effect, if different to the date specified in paragraph (e),

(g) the date and jurisdiction of the person’s first and each later admission to the legal profession.

Part 7

Miscellaneous

Part 7 Miscellaneous

Admission fees

63 Admission fees

(1) For the Act, section 166(2)(a), the fee for admission to the Australian legal profession in New South Wales is $950.

(2) For the Act, section 166(2)(a)(ii), an admission fee must be allocated as follows—

(a) $550 to the NSW Admission Board,

(b) $400 to the Department of Communities and Justice.

(3) For the Act, section 166(2)(a)(iii), the NSW Admission Board may waive, postpone or refund an admission fee.

Caps on payments for claims from fidelity fund

64 Caps on payments for claims from fidelity fund

For the Uniform Law, section 230(1)(b), $1,000,000 is fixed as the maximum aggregate amount that may be paid from the Fidelity Fund for all claims made in relation to a particular law practice.

Costs for disciplinary matters

65 Costs for disciplinary matters

(1) For the Act, section 166(2)(e), a costs order under the Uniform Law, section 303(1) or (2) may be made in favour of the Law Society or the Bar Association instead of the designated local regulatory authority.

(2) For the Act, section 166(2)(f), the Law Society and the Bar Association are nominated for the Uniform Law, section 303(3)(b) and (4)(b).

Savings

66 Savings

An act, matter or thing that, immediately before the repeal of the Legal Profession Uniform Law Application Regulation 2015, had effect under that regulation continues to have effect under this regulation.

Schedule 1

Costs for recovery of certain debts and enforcement of certain judgments

Schedule 1 Costs for recovery of certain debts and enforcement of certain judgments

sections 20(1) and 22(1)

sch 1: Subst 2025 (635), Sch 1[4].

Schedule 2

Costs for services in workers compensation matters

Schedule 2 Costs for services in workers compensation matters

section 21

Schedule 3

Costs for legal services for probate and administration of estates matters

Schedule 3 Costs for legal services for probate and administration of estates matters

section 22(2)

Source text: opening excerpt

Sourced from legislation.nsw.gov.au, CC BY 4.0.

Part 1 Preliminary

1 Name of regulation

This regulation is the Legal Profession Uniform Law Application Regulation 2025.

2 Commencement

This regulation commences on 1 September 2025.

Note—

This regulation replaces the Legal Profession Uniform Law Application Regulation 2015, which is repealed on 1 September 2025 by the Subordinate Legislation Act 1989, section 10(2).

3 Definitions

In this regulation—

applicable period, for Part 3, Division 1—see section 10(1).

approved form, for Part 5—see section 27.

costs of the review, for Part 5, Division 4—see section 45.

Law Society account, for Part 3, Division 1—see section 10(1)

lowest amount, for Part 3, Division 1—see section 10(1)

Manager, for Part 5—see section 27.

Manager’s review application, for Part 5, Division 4—see section 45.

minimum amount, for Part 3, Division 1—see section 10(1).

party review application, for Part 5, Division 4—see section 45.

the Act means the Legal Profession Uniform Law Application Act 2014.

the Uniform Law means the Legal Profession Uniform Law (NSW).

trust money, for Part 3, Division 2—see section 16.

trust money account, for Part 3, Division 2—see section 16.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.

Part 2 Local practising certificates

4 Timing of applications for renewal of practising certificates

For the Act, section 37(1)—

The following is a practical compliance checklist mapped to the regulation’s key operative provisions. It is intended as an operational starting point for law practices, sole-practitioner barristers, costs-assessment applicants and regulatory officers.

Practising certificate renewals and fees

Implement calendared reminders aligned to the standard renewal and late fee periods:
- Barristers: standard renewal period 1 April to 7 June; late fee period 8 June to 30 June (s 4(a)).
- Solicitors: standard renewable period 1 April to 15 May; late fee period 16 May to 30 June (s 4(b)).
Ensure budgeting and accounting teams understand which categories of costs may be recovered via practising certificate fees so that charging aligns with s 5(1). Confirm the Council’s determination for late and additional fees where applicable (s 6).

Statutory deposit regime for law practices (Part 3 Division 1)

Reconcile bank statements to identify the “lowest amount” in the general trust account for each applicable period (s 10, definitions; s 12(2)(a)-(b)).
Calculate the minimum amount using the variables A, B and possibly C as defined in s 12. Document the calculation and retain working papers.
Transfer the calculated minimum amount into the nominated Law Society account by the required deadline: the day that is 20 business days after the end of the last applicable period (s 13(1)). For repayments under Act s 47(1)(b), use the 20 business day rule after repayment (s 13(2)).
If you cannot comply in time, complete the Law Society approved form and request a Law Society determination promptly. Ensure the request is in writing and in the approved form (s 14(2)). Keep the Law Society-determined amount on deposit from 5 business days after notification of the determination (s 14(3)).

Law Society compliance

The Law Society must keep accounts of money deposited under this part and obtain an annual external audit of the Law Society accounts and deliver the auditor’s report to the Attorney‑General as soon as possible after receipt (s 15). Plan for audit timelines and record provision to the Attorney‑General.

Sole‑practitioner barristers receiving trust money (Part 3 Division 2)

If you are a sole-practitioner barrister receiving trust money directly:
- Open a trust money account that is solely for the purpose of holding trust money and ensure it is not linked to any credit or mortgage facility (s 16).
- Notify the Bar Association in writing within 14 days of opening the account, providing the ADI name, opening date, and account number (s 18).
- When receiving trust money directly from a client who is not represented by a solicitor, deposit the funds promptly into the trust money account, and issue a written receipt that contains the date prepared, the date money received, amount, payer’s name, purpose and circumstances in which the money may be paid from the trust money account (s 19(1)(b)(i)-(ii) and s 19(2)).
- Appoint an external examiner for each reporting period and obtain a report covering the reporting period. Provide a copy of the report in a form approved by the Bar Council to the Bar Association no later than 7 June immediately after the end of the period to which the report relates (s 19(1)(e)-(g)).
- Retain a copy of each receipt until the later of seven years after the receipt was prepared or the day the matter is completed (s 19(3)). If no deposits or holdings were made/held during a reporting period, confirm that to the Bar Association to avoid the external examiner requirement for that period (s 19(3A)).

Costs fixed by schedules and GST

Where acting in matters that fall within Schedule 1, Schedule 2 or Schedule 3, ensure billing aligns with the fixed amounts and includes or excludes filing fees as specified (s 20(2)-(3); s 21; s 22). Check whether GST is payable for the service and, if so, add GST to the fixed cost (s 23). Record GST treatment in client files and bills.

Personal injury costs agreements and offers of compromise

For costs agreements in personal injury damages matters, disclose in writing the statements and information required by s 24(2) before or as soon as practicable after the practice is retained and before entering the costs agreement (s 24(3)). Be aware that failure to make the required disclosures disentitles the practice to the benefit of the statute’s schedule provision (s 24(5)).
When a client refuses an offer of compromise in a personal injury matter, promptly provide the written disclosures required by s 25(1) and ensure disclosure is given before communicating the client’s decision externally (s 25(2)(c)).

Costs assessment and review procedures (Part 5)

Use approved forms: ensure applications for assessment and review use the forms approved under s 58 and definitions in s 27.
For costs assessment applications:
- Ensure the application includes a statement that there is no reasonable prospect of settling the matter by mediation (s 29(b)).
- Authorise the costs assessor to inspect all relevant documents by including the authorisation in the approved form (s 29(c)).
- Calculate and pay the prescribed application fee at lodgement: the greatest of $100, 1% of the unpaid amount on the bill, or 1% of the total amount in dispute (s 30).
- If you are a third party payer, consider whether multiple applications are needed and whether they should be dealt with jointly or separately (s 31). Remember that an assessment of costs payable by a non-associated third party payer does not affect the amount payable by the client to the law practice (s 31(2)).
For ordered costs applications:
- Follow ss 32-34: provide the pre-application copy of the application to the respondent and the notice that gives a 21-day window for written objection, include any objection or a statement that none was received in the application and adhere to the Manager’s subsequent referral and notice steps (ss 32-34).
Document production and statutory declarations:
- If a costs assessor or review panel issues a written notice under s 38 or s 50, comply promptly. Anticipate requests for statutory declarations verifying information and allow time to obtain them. Understand the potential penalty for non-compliance in s 38(3) and the assessor’s discretion under s 38(4).
Be prepared for withholding of certificates:
- Plan for the possibility that the Manager will invoice for assessment or review costs and provide certificates only upon payment (ss 44(2), 54(2)). Ensure budgets are in place to pay such invoices promptly to obtain reasoned certificates for enforcement or settlement negotiation.

Review applications

If seeking review, use the approved form and include the specified documents: affidavit of service on the other parties, copies of the assessor’s certificates and statement of reasons (s 46(1)(b)). The prescribed application fee for a party review application is $275 (s 46(3)). Factor in the risk that if the panel affirms the assessor’s determination or alters costs by less than 15% in favour of the applicant, the applicant may be required to pay the costs of the review (s 55(1)(a)).

Registers and notification

Keep the register information current and compliant with the content and exclusion rules in s 60. Notify the appropriate Council in writing within seven days of any change to information given in the last renewal application (s 61(1)-(2)). Respond to Council requests for notification of partnership or incorporated legal practice changes as required in s 61(3).

Record retention and document management

Maintain records for the periods required by the regulation:
- Trust-receipts retention for sole-practitioner barristers: the later of seven years from preparation or matter completion (s 19(3)).
- Documents relating to costs assessments: costs assessors, law practices and associates must keep such documents until 12 months after the issue of the assessor’s certificate, or if a review is filed, until 12 months after the review certificate (s 50(3)-(4)). Establish a document management and retention schedule with reminders for review windows.

Audit readiness

For the Law Society and for practices that must produce information to the Law Society, ensure internal audit trails for statutory deposit transfers, working papers for A/B/C calculations (s 12) and copies of correspondence with the Law Society under s 14. Anticipate the Law Society’s external audit and the need to provide that report to the Attorney‑General (s 15).

Fidelity Fund and admissions

Note that the Fidelity Fund cap for aggregate payments for claims in relation to a particular law practice is $1,000,000 (s 64). Admission fee handling and allocation duties should be implemented: collect $950 and allocate $550 to the NSW Admission Board and $400 to the Department of Communities and Justice (s 63).

Internal compliance responsibilities

Assign responsibility to a named principal or compliance officer to:
- Oversee trust-account reconciliations and minimum deposit calculations (ss 10-13).
- Ensure the firm’s or barrister’s external examiner arrangements and Bar Association notifications are current (s 19).
- Manage costs-assessment application workflows, timelines and responses to notices from a costs assessor or a review panel (ss 29, 38, 50).
- Retain and produce documents in response to assessor or panel notices and manage statutory declaration workflows (s 38(2)).

In practice, compliance requires integration of banking processes, record-keeping systems, an external-examiner engagement process for sole-practitioners who accept trust money, approved-form templates for assessments and reviews, and a documented decision process for when to seek or resist costs assessment and review. Where the regulation intersects with other legislation or court rules, confirm those interactions before acting, because the regulation defers to other statutory cost-fixing schemes where applicable (s 39).