38Costs assessor may require documents or information

38 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.