New South Wales Consolidated Acts

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LEGAL PROFESSION UNIFORM LAW APPLICATION ACT 2014 - SCHEDULE 6

SCHEDULE 6 – Costs assessors

1 Eligibility for appointment

A person is not eligible to be appointed as a costs assessor unless the person is an Australian legal practitioner of at least 5 years' standing.

2 Terms of office

(1) Subject to this Schedule, a costs assessor holds office for such period (not exceeding 3 years) as may be specified in the instrument of appointment of the costs assessor, but is eligible (if otherwise qualified) for re-appointment.
(2) A costs assessor may, with the consent of the Chief Justice of New South Wales, continue in office after the expiry of his or her term of office for the purpose of making a determination in respect of, or otherwise completing, any application for costs assessment that was referred to the costs assessor before the expiry of his or her term of office.

3 Remuneration

A costs assessor is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Attorney General may from time to time determine in respect of the costs assessor.

4 Vacancy in office of costs assessor

(1) A costs assessor vacates office if the costs assessor--
(a) dies, or
(b) completes a term of office and is not re-appointed, or
(c) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or
(d) becomes a mentally incapacitated person, or
(e) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or
(f) resigns the office by instrument in writing addressed to the Attorney General, or
(g) ceases to be eligible to be a costs assessor, or
(h) is removed from office by the Chief Justice of New South Wales, under subclause (2).
(2) The Chief Justice of New South Wales may remove a costs assessor from office.

5 Effect of certain other Acts

(1) The provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to a costs assessor.
(2) If by or under any other Act provision is made--
(a) requiring a person who is the holder of a specified office to devote the whole of his or her time to the duties of that office, or
(b) prohibiting the person from engaging in employment outside the duties of that office,
that provision does not operate to disqualify the person from holding that office and also the office of a costs assessor or from accepting and retaining any remuneration payable to the person under this Act as a costs assessor.



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