293Cases where binding determinations are not made in costs disputes

293 Cases where binding determinations are not made in costs disputes

293 Cases where binding determinations are not made in costs disputes

(1) The designated local regulatory authority is to cease dealing with a costs dispute in the circumstances referred to in subsection (2), but is to inform the parties of the right to apply for a costs assessment or to make an application under jurisdictional legislation for the matter to be determined.

(2) The action under subsection (1) is to be taken where—

(a) an attempted resolution by the designated local regulatory authority of a costs dispute referred to in section 291(1) is unsuccessful (whether wholly or partly); and

(b) either—

(i) the total amount of legal costs still in dispute is equal to or more than $10 000 (indexed); or

(ii) the total amount of legal costs still in dispute is less than $10 000 (indexed) and the designated local regulatory authority notifies the parties in writing that it is unable to resolve the dispute.

Note

Section 197 provides in part that legal costs that are or have been the subject of a costs dispute under this Chapter may not be the subject of a costs assessment unless the designated local regulatory authority is unable to resolve the costs dispute and has notified the parties of their entitlement to apply for a costs assessment. Consequently, a costs assessment is not available where a costs dispute is resolved.