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Review of the Costs Assessment Scheme: release of reform recommendations


    In September 2011, the Honourable T F Bathurst, Chief Justice of New South Wales, announced that he would undertake the first ever comprehensive review of the Costs Assessment Scheme.

    The Chief Justice issued an open invitation for submissions to the Review and the Court received 39 responses from peak professional bodies, current and retired costs assessors, costs consultants, commercial and government lawyers, and self-represented litigants.

    The Chief Justice nominated the Honourable Justice Brereton, supported by a Committee of costs experts, to consider these submissions and identify potential areas for reform. The Chief Justice has decided to publish the Committee's recommendations and give the legal and broader community a final opportunity to comment on the proposed future structure and operation of the Scheme. The Chief Justice will personally consider any comments received before determining whether he will accept the Committee's recommendations.

    The attached Report details the Committee's proposed reforms and the basis for its recommendations, in many cases with close reference to submissions received.

    Costs Assessment Review Report..pdf

    If you would like to comment upon any of the recommendations contained in this Report, you have until close of business, Friday, 19 April 2013 to submit your comments by:

    Email (preferred): (include "Attn: CEO & Principal Registrar - Costs Assessment Review" in the subject line)

    Post: Attn: Ms Linda Murphy
    Costs Assessment Review
    CEO & Principal Registrar
    Supreme Court of NSW
    GPO Box 3
    SYDNEY NSW 2001

    Finally, the Chief Justice would like to thank the 39 people and organisations who took the time to provide submissions to the Review, and acknowledge the invaluable contribution the individual Committee members named below have made to the Review so far.

    The Honourable Justice Paul Brereton AM RFDSupreme Court of New South Wales
    His Honour Judge Peter JohnstoneChildren's Court of New South Wales
    Mr Steven MarkLegal Services Commissioner
    Mr Mark Brabazon SCNSW Bar Association
    Mr Stuart WestgarthLaw Society of NSW
    Mr Gordon SalierCosts Assessors’ Rules Committee
    Ms Deborah Vine-HallCosts Consultants User Group
    Ms Linda MurphySupreme Court of New South Wales
    Mr James Howard, and later, Ms Jennifer HedgeSupreme Court of New South Wales

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