50Documents to be given to review panel

50 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.