33Ordered costs—applications by person liable to pay costs

33 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.