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17. Costs and Fees

17.3. Right to have private legal practitioner's costs assessed

17.3.1 Right of Legal Aid NSW to have private legal practitioner's costs assessed

Under s40, of the Act, Legal Aid NSW can request a private legal practitioner to whom work has been assigned to have the bill of costs assessed or taxed as if Legal Aid NSW and not the legally assisted person was the client of the legal practitioner.


17.3.2 Right of legally assisted person to have private legal practitioner's costs assessed

Under s 40(1)(A) of the Act, a legally assisted person who is required to pay a contribution under s46  of the Act has a right to apply to the Supreme Court to have the costs of the private legal practitioner assessed or taxed.

Where legal aid has been provided by an in-house legal practitioner, the legally assisted person does not have a right to apply to the Supreme Court to have Legal Aid NSW costs assessed.

See Contributions chapter for policies and guidelines on contributions under s46 of the Act.


Date Last Published: 21/12/2016