What we do
The Bar Association assists members with recovery from
1. The Bar Association will write to the solicitor requesting payment.
2. In the event that payment is not forthcoming, the Association will telephone the solicitor seeking an explanation.
How to request assistance
Requests for fee recovery assistance from the Bar Association should include the following:
1. A letter/email containing a brief chronology of events;
2. A copy of the costs disclosure and any costs agreement;
3. A copy of all invoices rendered; and
4. Any relevant correspondence.
The Bar Association can also provide assistance in relation to general
Fee Recovery by Costs Assessment
Procedural Outline for Barristers
The following abbreviated outline assumes a simple case of an unpaid barrister seeking recovery of fees through the
1. File application for assessment with the Manager, Costs Assessment. Pay filing fee.
(a) Allow at least 30 days after delivery of the bill before filing (s 352
(b) The prescribed form is Form 2 – Application by Legal Practice for Assessment of Costs (Other than Party/Party Costs), which can be downloaded here. A copy of the bill must be attached. Relevant and preferably detailed information for the costs assessor should also be included or attached. If in doubt, consider retaining a
(c) The form and attachments must be filed in triplicate (assuming there is only one respondent to be served). The Manager’s office is in the Supreme Court building.
(d) The filing fee is usually $100 or 1% (whichever is greater).
2. The Manager, Costs Assessment then takes a series of steps. The Manager:
3. The costs assessor also contacts the parties.
The process from this point is controlled by the costs assessor, who may require further evidence or information. There may also be further submissions. (See
4. The assessor determines the application and issues a certificate of determination of costs (s 368) and a statement of reasons (s 370).
(a) In an ordinary case where there is no order as to the costs of the assessment, the assessor sends
(b) If the assessor orders the barrister to pay the costs of the assessment on the ground that the bill has been reduced by at least 15% or on grounds relating to non-disclosure, the assessor issues a certificate for those costs (s 369) to the parties and sends (or should send) that certificate to the Manager, Costs Assessment and to the parties, but sends the
the costs paid are less than the amount certified, the s 368 certificate may be filed in a court with relevant monetary jurisdiction as a deemed judgment (s 368 (5)). (Note that recovery of interest on fees through the assessment system can be problematic. Different views exist about this subject.)
There is a useful summary with further links on the Supreme Court website.