(1)  A costs assessor must assess the amount of any disputed costs that are subject to a costs agreement by reference to the provisions of the costs agreement if –

(a) a relevant provision of the costs agreement specifies the amount, or a rate or other means for calculating the amount, of the costs; and

(b) the agreement has not been set aside under section 312 (Setting aside costs agreements) –

unless the assessor is satisfied –

(c) that the agreement does not comply in a material respect with any applicable disclosure requirements of Division 3 (Costs disclosure); or

(d) that Division 5 (Costs agreements) precludes the law practice concerned from recovering the amount of the costs; or

(e) that the parties otherwise agree.

(2)  The costs assessor is not required to initiate an examination of the matters referred to in subsection (1)(c) and (d) .