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

35 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.