113Costs agreements not subject to assessment

#### 113 Costs agreements not subject to assessment 113 Costs agreements not subject to assessment > > (1) The Commission is to decline to assess a bill of costs if— > > > > > (a) the disputed costs are subject to a costs agreement that complies with Division 4 of Part 4.3 of the [Legal Profession Uniform Law (NSW)](/view/html/inforce/current/act-2014-16a), and > > > > > (b) the costs agreement specifies the amount of the costs or the dispute relates only to the rate specified in the agreement for calculating the costs. > > > (2) If the dispute relates to any other matter, costs are to be assessed on the basis of that specified rate despite clause 111. The Commission is bound by a provision for the payment of a premium that is not determined to be unjust under clause 114. > > > (3) This clause does not apply to any provision of a costs agreement that the Commission determines to be unjust under clause 114. > > > (4) This clause does not apply to a costs agreement applicable to the costs of legal services if a law practice failed to make a disclosure in accordance with Division 3 of Part 4.3 of the [Legal Profession Uniform Law (NSW)](/view/html/inforce/current/act-2014-16a) of the matters required to be disclosed by section 174 of that Law in relation to those costs. > > **cll 112–115:** Am 2020 (744), Sch 3\[13\].