Procedure on Costs Assessments on Costs Orders pursuant to the Uniform Civil Procedure Rules 1999

Division 2 of Part 3 of Chapter 17A of the Uniform Civil Procedure Rules offers two options in respect to the appointment of a Costs Assessor pursuant to rule 710 including by Consent 712 or otherwise 713.

Avoiding Formal Costs Assessment.

The initial procedure to avoid an assessment is that the Costs Applicant write to the Costs Respondent making an offer to settle costs (including (redacted) itemised invoices) and, in the alternative, suggest a Detailed Summary Assessment (Short form Assessment) and a panel of Costs Assessors.

Procedure on formal assessments.

Prior to the Appointment of a Costs Assessor the Costs Applicant must serve a Costs Statement pursuant to rule 705. The Costs Respondent must serve a Notice of Objection pursuant to rule 706 within 21 days of service of the Costs Statement.

Default Assessment when no Notice of Objection is served.

If Notice of Objections to the Costs Statement is served the Costs Applicant may apply to the Court for a default Assessment pursuant to rule 708. This Application is made pursuant to rule 710 and 710(2)(b)(i)(B) .

The Affidavit supporting the Application for default Assessment must include:

1. The Costs Statement;

2. proof of service of the Costs Statement; and

3. The Consent to appointment of Costs Assessor.

When filing the Application a draft Order is also required pursuant to rules 710(2)(b)(i)(B) and 708.

Late service of a Notice of Objection.

If the Costs Respondent serves a Notice of Objection before the Costs Assessment has started it is a denial of procedural fairness for the Costs Assessor not to consider the Notice of Objections. It only disentitled the Costs Respondent to a say as to the appointment of the Costs Assessor.

Setting aside default Assessment Order or Judgment.

A Costs Respondent may apply to the Court to set aside the default Assessment pursuant to rule 709. The supporting Affidavit to the Application must explain the reason for the failure and/or delay in failing to serve a Notice of Objection. The Certificate of Assessment need not have been filed prior to the filing of an Application. The Court has complete discretion to deal with the Appointment or Judgement made pursuant to rule 740.

Appointment of a Costs Assessor by Consent (Notice of Objection served)

The suggested procedure to obtain an appointment by Consent is as follows:

1. The Costs Applicant writes to the Costs Respondent providing a panel of Costs Assessors;

2. If agreed the Costs Respondent writes to the preferred Costs Assessors requesting the Costs Assessors

Consent (if Consents have not already been obtained).

3. The Parties may appoint the Costs Assessor by Consent pursuant to rule 707 and prepare a Consent

Order and Order for same. The Orders is prepared pursuant to rule 710 and 712 of the Rules. The

Application and supporting Affidavit pursuant to rules 710 and 712 is not necessarily required.

4. The parties forward the Consent Order, draft Order and Consent of Costs Assessor. The appointment is

done electronically, and no physical filing is required.

Appointment of Costs Assessor if the parties can not come to an agreement for the appointment of Costs Assessor.

1. Costs Respondent rejects the suggested panel;

2. An Application is made pursuant to rule 710 and 713 of the Uniform Civil Procedure Rules. The

supporting Affidavit includes the Costs Statement, Notice of Objection, communications regarding the

dispute and the Consent to Appointment of Costs Assessor of the Costs Applicants preferred Costs

Assessor.

3. Either party may apply to the Court for the appointment under rule 713(2)(b) for the Registrar to do the

appointment under rule 713(2)(a). The registrar applies the procedures as outlined in the New

procedures information for court appointed costs-assessors pursuant to rule 713(3). Otherwise, the

appointment is at the discretion of the Court. Pursuant to Lessbrook Pty Ltd (in liq) v Whap [2014] QCA

63 The following requirements are to be considered when appointing a Costs Assessor including the

Costs Assessors:

a. hourly rate;

b. availability to complete the assessment in a timely manner; and

c. relative expertise.

Review of Assessment and or Certificate of Assessment

A Costs Assessor may refer an Issue or question arising pursuant to rule 717 to the Court as required either by Costs Assessors own discretion or at the request to either party to the Assessment. Otherwise a party may request a review of the Costs Assessors Certificate pursuant to rule 742.

Pursuant to rule 737(A) a party to the Assessment may request “information” about the outcome of Assessment and the Costs Assessor must provide this “information” free of charge within 7 days of this request. This “information” is limited to the calculations as to the assessment and maybe brief notes regarding same.

A party contesting the Assessment has 14 days to contest the Assessment after receipt of reasons requested pursuant to rule 738 or 14 days after the party receives the certificate. The Costs Assessor must provide these objections within 21 days of the request and the Costs Assessor cannot withhold the reasons without payment (Remely v. Vandenberg [2009] QCA 17). Importantly pursuant to CGA Law Pty Ltd & Anor v Diane Lawyers Pty Ltd & Anor [2022] QSC 92 the Certificate must be signed as an unsigned draft copy of the certificate is not sufficient.