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LEGAL PROFESSION UNIFORM LAW (NSW) - SECT 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.
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