200Factors in a costs assessment

200 Factors in a costs assessment

200 Factors in a costs assessment

(1) In considering whether legal costs for legal work are fair and reasonable, the costs assessor must apply the principles in section 172 so far as they are applicable.

(2) In considering whether legal costs for legal work are fair and reasonable, the costs assessor may have regard to the following matters—

(a) whether the law practice and any legal practitioner associate or foreign lawyer associate involved in the work complied with this Law and the Uniform Rules;

(b) any disclosures made, including whether it would have been reasonably practicable for the law practice to disclose the total costs of the work at the outset (rather than simply disclosing charging rates);

(c) any relevant advertisement as to the law practice’s costs or the skills of the law practice or any legal practitioner associate or foreign lawyer associate involved in the work;

(d) any other relevant matter.

(3) The costs assessor must take into account the incidence of GST in a costs assessment.

(4) In conducting an assessment of legal costs payable by a non-associated third party payer, the costs assessor must also consider whether it is fair and reasonable in the circumstances for the non-associated third party payer to be charged the amount claimed.