9. Assigning the right to recover costs

Where costs are ordered in favour of the legally aided person, the lawyer representing that client is responsible for recovering those costs.

In the event, the client fails to provide instructions to the lawyer in relation to recovery of those costs, Legal Aid NSW will direct the client to assign the right to recover those costs as provided for under s 45 of the Legal Aid Commission Act 1979 (NSW) (the Act).

If you are representing a client who fails to provide you with instructions to recover costs, you must refer the matter to the Senior Solicitor, Legal Costs Recovery, In-house Counsel Unit.

• The client must be provided with a Notice directing them to assign the right to recover costs to Legal Aid NSW. The client must be given twenty-one (21) days in which to respond to the Notice.
• Where a client fails to comply with the Notice within twenty-one (21) days, it will be considered that they have assigned the right to recover those costs to Legal Aid NSW (see s 45(2) of the Act).
• Once the costs are recovered, Legal Aid NSW must account to the legally aided person.