New South Wales Consolidated Regulations

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UNIFORM CIVIL PROCEDURE RULES 2005 - REG 36.10

Filing of cost assessors' certificates

36.10 Filing of cost assessors' certificates

(cf SCR Part 40, rule 12)

(1) A cost assessor's certificate--
(a) may be filed in the proceedings to which it relates, or
(b) may be filed in fresh proceedings, whether in the same court or another court.
(2) A number of certificates may be filed together under subrule (1) if each of the certificates--
(a) relates to the same costs assessment, and
(b) requires the same person or persons to pay costs.
(3) The certificate or certificates must be accompanied by an affidavit, sworn not more than 14 days before the certificate or certificates are filed, stating--
(a) if some of the costs specified in the certificate or certificates have been paid--the amount of the costs that have been paid, or
(b) that none of the costs specified in the certificate or certificates have been paid.
Note : The certificate or certificates will, from the date of filing, be taken to be a judgment of the court under the legal costs legislation (as defined in section 3A of the Legal Profession Uniform Law Application Act 2014 ) for the amount of costs that have not been paid.



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