Northern Territory Consolidated Acts

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LEGAL PROFESSION ACT 2006 - SECT 339

Assessment of complying costs agreements

    (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).



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