(1) A costs assessor must assess any disputed 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 for calculating the amount, of the costs; and
(b) the agreement has not been set aside under section 323;
unless the assessor is satisfied:
(c) the agreement does not comply in a material respect with any disclosure requirements of Division 3; or
(d) Division 5 precludes the law practice concerned from recovering the amount of the costs; or
(e) the parties otherwise agree.
(2) The costs assessor is not required to initiate an examination of the matters referred to in subsection (1)(c) and (d).