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17. Costs and Fees

17.10. Assignment of costs under s45 of the Act

Under s45 of the Act Legal Aid NSW may request a legally assisted person to assign their right to recover money which is payable to the legally assisted person.


17.10.1 What money can be recovered?

Legal Aid NSW may direct the legally assisted person to assign to Legal Aid NSW the right to recover money which:

  • a court or tribunal has ordered to be paid to a legally assisted person (including an order for costs), or
  • is otherwise recoverable by a legally assisted person whether or not in a proceeding, or by a settlement or compromise.


17.10.2 When can Legal Aid NSW direct a person to assign recovery rights?

Under s45(1) of the Act if a legally assisted person fails to recover the money within such time as Legal Aid NSW thinks reasonable, Legal Aid NSW may direct them to assign their recovery rights.


17.10.3 Direction to assign by a Notice

Legal Aid NSW may direct, by written notice, a legally assisted person to assign their right to recover the money or such part of the money as specified in the Notice.

A legally assisted person is to assign their recovery right in the Notice of Assignment within 21 days after the date of the Notice.


17.10.4 Failure to comply with a Notice

Under s45(2) of the Act a legally assisted person is deemed to have assigned their right to recover the money specified in the Notice of Assignment if they fail to comply with the notice within 21 days after the date of the Notice.


17.10.5 Who can direct a client to assign?

A Legal Aid NSW officer authorised under the Delegation Instrument can direct a client to assign their right to recover money.


17.10.6 Legal Aid NSW must account to legally assisted person

Legal Aid NSW must account to the legally assisted person for money recovered by it under s45 of the Act.




Date Last Published: 27/05/2015