When is the deadline for application for assessment of legal costs?
The catalogue records a 12 months period from The day the bill was given, or the request for payment was made, to the client, third party payer or other law practice; or, if neither a bill was given nor a request made, the day the legal costs were paid. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 12 months
- Trigger
- The day the bill was given, or the request for payment was made, to the client, third party payer or other law practice; or, if neither a bill was given nor a request made, the day the legal costs were paid
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
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- ASYMMETRIC AND PARTLY UNAVAILABLE. s 198(4): an application made out of time may be dealt with by the costs assessor if the designated tribunal, on application by the costs assessor or the CLIENT or THIRD PARTY PAYER who made the application for assessment, determines, after having regard to the delay and the reasons for the delay, that it is just and fair for the application to be dealt with after the 12 month period. There is no corresponding right for a LAW PRACTICE, or for another law practice, to seek an extension. s 198(5) further excludes certain third party payers who would be commercial or government clients. Not computed.
- The practical consequence for a law practice is severe: a practice that has not sought assessment within 12 months of its final bill has no extension mechanism. The trigger differs depending on whether a bill was given, a request for payment was made, or costs were simply paid. Section text verified verbatim against the current consolidation of the Legal Profession Uniform Law (NSW) on legislation.nsw.gov.au.