Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actsinsert
300A Assessment of costs by reference to costs agreement
(1) The Supreme Court must assess the amount of any disputed legal 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 of working out the amount, of the costs; and
(b) the agreement has not been set aside under section 288 (Setting aside costs agreements);
unless the Supreme Court is satisfied—
(c) that the agreement does not comply in a material respect with any applicable disclosure requirements of division 3.2.3 (Costs disclosure); or
(d) that division 3.2.5 (Costs agreements) prevents the law practice concerned from recovering the amount of the costs; or
(e) that the parties otherwise agree.
(2) The Supreme Court is not required to initiate an examination of the matters mentioned in subsection (1) (c) and (d).
300B Assessment of costs by reference to scale of costs etc
The Supreme Court may assess the amount of any disputed legal costs that are not subject to a costs agreement by reference to anything it considers appropriate, including a scale of costs.
300C Recovery of assessed costs
(1) This section applies if the Supreme Court assesses an amount of legal costs.
(2) If an amount of the legal costs has been paid before the assessment was made, any amount by which the amount paid exceeds the amount assessed may be recovered as a debt in a court of competent jurisdiction.
(3) If an amount of the legal costs has not been paid—
(a) the assessment is taken to be a judgment of the Supreme Court for the amount of the unpaid legal costs and may be enforced accordingly; and
(b) the rate of interest payable on the amount is the rate applying under the Court Procedures Rules 2006 , schedule 2, part 2.2 (Interest after judgment).