New South Wales Consolidated Acts

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LEGAL PROFESSION UNIFORM LAW APPLICATION ACT 2014 - SECT 70

Certificate as to determination of costs to parties

70 Certificate as to determination of costs to parties

(1) On making a determination of costs, a costs assessor is to issue a certificate that sets out the determination and includes--
(a) the amount of costs determined (including any GST component the costs assessor determines is payable), and
(b) the amount of any costs of the costs assessment determined under section 78 of this Act or section 204 of the Legal Profession Uniform Law (NSW) , and
(c) any interest on those amounts--
(i) determined under section 81 of this Act, or
(ii) payable under section 101 of the Civil Procedure Act 2005 .
(2) A costs assessor may issue one or more certificates in relation to an application for costs assessment. Certificates may be issued at the same time or at different stages of the assessment process.
(3) A costs assessor may issue one certificate in relation to a single application for an assessment of costs that are payable under multiple orders, rules or awards made between the same parties in one or related proceedings, as long as the certificate specifies the amount determined for each order, rule or award separately.
(4) In the case of an amount of money specified in a certificate that has been paid, the amount (if any) by which the amount paid exceeds the amount specified in the certificate may be recovered as a debt in a court of competent jurisdiction.
(5) In the case of an amount of money specified in a certificate that has not been paid, the certificate is, on the filing of the certificate in the office or registry of a court having jurisdiction to order the payment of that amount of money, and with no further action, taken to be a judgment of that court for the amount of unpaid money. The rate of any interest payable in respect of that amount of money is the rate of interest in the court in which the certificate is filed.
(5A) The regulations may make provision for or with respect to the forwarding of a certificate issued under this section (or a copy of the certificate)--
(a) by the costs assessor to the parties to the costs assessment or the Manager, Costs Assessment or both, and
(b) by the Manager, Costs Assessment to the parties to the costs assessment.
(6) This section does not apply to costs referred to in section 71(1)(a) and (b).



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