(1)  An application for a costs assessment –

(a) must be made in accordance with the regulations (if any); and

(b) must be accompanied by a copy of the itemised bill and the costs agreement (if any); and

(c) subject to subsection (4) , must be accompanied by the prescribed fee.

(2)  The application must authorise a costs assessor to have access to, and to inspect, all documents of the applicant that are held by the applicant, or by any law practice, Australian legal practitioner or Australian-registered foreign lawyer concerned, in respect of the matter to which the application relates.

(3)  The application must contain a statement by the applicant that there is no reasonable prospect of settlement of the matter by mediation.

(4)  A costs assessor may waive or postpone payment of the application fee either wholly or in part if satisfied that the applicant is in such circumstances that payment of the fee would result in serious hardship to the applicant or his or her dependants.

(5)  A costs assessor may refund the application fee either wholly or in part if satisfied that it is appropriate because the application is not proceeded with.