Engage experienced legal representation for costs assessment proceedings
Engage experienced legal representation for costs assessment proceedings
At Blue Ribbon Lawyers, our experienced legal team can represent you during costs assessment in NSW. We will draft and file an application for assessment, communicate with the court, assessor and other party, review the determination and provide advice. We can arrange for detailed submissions to be prepared during the costs assessment process as needed.
What is a costs assessor?
In NSW, costs assessors are appointed by the Chief Justice of NSW; they are experienced solicitors and barristers. The assessor’s role is to quantify the amount of costs payable in accordance with court orders made by NSW courts and tribunals, and to determine fair and reasonable costs between clients and their lawyers in light of any cost’s agreements and statutory requirements.
Costs assessment is not a court proceeding. Costs applications are determined ‘on the papers’. It is important to engage a representative who is familiar with costs assessment and understands how to best present your position to the assessor.
Certificate of Determination
When the assessment process is complete, the assessor will issue a certificate of determination. This certificate can be registered as a judgment against the party or client who is liable to pay legal costs.
There are strict time limits to challenge an assessor’s determination. When Blue Ribbon Lawyers represent you, we will review the determination and advise you of any grounds to challenge the assessor’s decision.
Fee Structure
$380 per hour plus GST for preparation of objections and responses, – with an estimate of time provided before work commences.
$380 per hour plus GST for affidavits and expert witness appearances by our principal.
Legal services provided by Blue Ribbon Lawyers will be charged at up to $420 per hour plus GST depending on the nature and complexity of the work performed, advised prior to work commencing.
Regulated fees apply for uncontested costs recovery proceedings in the Local, District and Supreme Courts.
Payment terms: In specified circumstances, we will accept payment of our fees at the conclusion of the assessment or taxation process. All other fees are payable within 28 days of invoice.
We offer fixed fees for preparation of itemised bills, compliance advice, certified estimates and conduct of costs assessments.
We also offer stage-based fixed fees for most legal services.
Payment terms: In specified circumstances, we will accept payment of our fees at the conclusion of the assessment or taxation process. All other fees are payable within 28 days of invoice.
Preparation of bills of costs has traditionally been charged as a percentage of the total professional fees claimed.
At Blue Ribbon Legal we are of the view that percentage-based fees do not necessarily accurately reflect the work necessary to prepare a bill of costs and may result in inflated claims or inclusion of claims unlikely to be allowed on assessment or taxation.
Should your firm or client specifically request a percentage-based fee to prepare an itemised bill, we will agree to calculation of our fees at 10% of total professional fees claimed (inclusive of GST).
Payment terms: In specified circumstances, we will accept payment of our fees at the conclusion of the assessment or taxation process. All other fees are payable within 28 days of invoice.
Review/Appeal proceedings
Either party can challenge an assessor’s determination – initially by way of review, followed by a court appeal. Blue Ribbon Lawyers can advise you on both of these processes and protect your interests whether you are challenging the assessment outcome or defending it.
Let Blue Ribbon Lawyers handle costs assessment proceedings
Whether you are making an application for assessment seeking to recover costs, or have received an application claiming costs from you, Blue Ribbon Lawyers are experienced in the cost’s assessment process. Get help with a costs assessment by contacting our team online or calling on (02) 8599 3100 .
Ask a Question or Book an Appointment
Do you need assistance with a legal costing issue? Speak to the expert costing lawyers at Blue Ribbon Legal for help.