sec.743GDirections hearing

### sec.743G Directions hearing The relevant court may hold a directions hearing in relation to an application for a costs assessment. At a directions hearing, the relevant court may consider the following matters— whether the application has been properly filed and served; whether notice has been given as required under the Legal Profession Act 2007 , section 339 (1) ; whether it is appropriate to refer the application to mediation; whether it is appropriate for any question to be tried before the costs are assessed, including, for example— whether a person claimed to be liable to pay costs is liable to pay those costs; and whether any costs agreement relied on by the lawyer concerned is void; and whether the lawyer concerned was negligent; and whether the lawyer concerned was in breach of the contract of retainer; and whether the lawyer concerned acted without the instructions of, or contrary to the instructions of, the client; whether anything else should be done before the costs are assessed. Also, the relevant court may— if the grounds of dispute relate only to the amount of costs—order that a particular costs assessor be appointed to carry out the costs assessment; or otherwise—order that the application be heard by the relevant court. r 743G ins 2007 SL No. 315 s 10 (sec.743G-ssec.1) The relevant court may hold a directions hearing in relation to an application for a costs assessment. (sec.743G-ssec.2) At a directions hearing, the relevant court may consider the following matters— whether the application has been properly filed and served; whether notice has been given as required under the Legal Profession Act 2007 , section 339 (1) ; whether it is appropriate to refer the application to mediation; whether it is appropriate for any question to be tried before the costs are assessed, including, for example— whether a person claimed to be liable to pay costs is liable to pay those costs; and whether any costs agreement relied on by the lawyer concerned is void; and whether the lawyer concerned was negligent; and whether the lawyer concerned was in breach of the contract of retainer; and whether the lawyer concerned acted without the instructions of, or contrary to the instructions of, the client; whether anything else should be done before the costs are assessed. (sec.743G-ssec.3) Also, the relevant court may— if the grounds of dispute relate only to the amount of costs—order that a particular costs assessor be appointed to carry out the costs assessment; or otherwise—order that the application be heard by the relevant court. - (a) whether the application has been properly filed and served; - (b) whether notice has been given as required under the Legal Profession Act 2007 , section 339 (1) ; - (c) whether it is appropriate to refer the application to mediation; - (d) whether it is appropriate for any question to be tried before the costs are assessed, including, for example— (i) whether a person claimed to be liable to pay costs is liable to pay those costs; and (ii) whether any costs agreement relied on by the lawyer concerned is void; and (iii) whether the lawyer concerned was negligent; and (iv) whether the lawyer concerned was in breach of the contract of retainer; and (v) whether the lawyer concerned acted without the instructions of, or contrary to the instructions of, the client; - (i) whether a person claimed to be liable to pay costs is liable to pay those costs; and - (ii) whether any costs agreement relied on by the lawyer concerned is void; and - (iii) whether the lawyer concerned was negligent; and - (iv) whether the lawyer concerned was in breach of the contract of retainer; and - (v) whether the lawyer concerned acted without the instructions of, or contrary to the instructions of, the client; - (e) whether anything else should be done before the costs are assessed. - (i) whether a person claimed to be liable to pay costs is liable to pay those costs; and - (ii) whether any costs agreement relied on by the lawyer concerned is void; and - (iii) whether the lawyer concerned was negligent; and - (iv) whether the lawyer concerned was in breach of the contract of retainer; and - (v) whether the lawyer concerned acted without the instructions of, or contrary to the instructions of, the client; - (a) if the grounds of dispute relate only to the amount of costs—order that a particular costs assessor be appointed to carry out the costs assessment; or - (b) otherwise—order that the application be heard by the relevant court.