Common use of COSTS REVIEW Clause in Contracts

COSTS REVIEW. 8.1 In the event that the Client wishes to dispute all or any of the Legal Costs, Sundries or Disbursements charged by the Firm, the Client agrees that they will raise any concerns with the Firm in a timely manner and that the Client will use their best endeavours to resolve the matter through negotiation. The persons with whom the Client may discuss the issue of disputed costs must be a Partner/Principal of the Firm. 8.2 Notwithstanding the preceding clause, the Client may independently apply to the Supreme Court of the Australian Capital Territory on the following bases: (1) an application may be brought under s 288 of the Act for an assessment of whether the cost Agreement is fair, just, and reasonable; or (2) an application may be brought under s 294A of the Act for a review of any Legal Costs invoiced or paid. The Court is entitled to consider whether it was reasonable to carry out the relevant services, whether the work was carried out in a reasonable way, and whether the costs incurred are fair and reasonable in the circumstances. 8.3 Subject to an extension of time being granted by the Court, an application referred to in clause 8.2 (2) must be brought no later than 12 months after: (1) the day a Xxxx is given or the request was made for payment; or (2) the day the cost were paid if neither a xxxx was given or a request was made.

Appears in 3 contracts

Samples: Legal Costs Agreement, Legal Costs Agreement, Legal Costs Agreement

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COSTS REVIEW. 8.1 In the event that the Client wishes to dispute all or any of the Legal Costs, Sundries or Disbursements charged by the Firm, the Client agrees that they will raise any concerns with the Firm in a timely manner and that the Client will use their best endeavours to resolve the matter through negotiation. The persons with whom the Client may discuss the issue of disputed costs must be a Partner/Principal of the Firmare Xxxxxxx Xxxxxxxx or Xxxxxxx Xxxxx. 8.2 Notwithstanding the preceding clause, the Client may independently apply to the Supreme Court of the Australian Capital Territory on the following bases: (1) an application may be brought under s 288 of the Act for an assessment of whether the cost Agreement is fair, just, and reasonable; or (2) an application may be brought under s 294A of the Act for a review of any Legal Costs invoiced or paid. The Court is entitled to consider whether it was reasonable to carry out the relevant services, whether the work was carried out in a reasonable way, and whether the costs incurred are fair and reasonable in the circumstances. 8.3 Subject to an extension of time being granted by the Court, an application referred to in clause 8.2 (2) must be brought no later than 12 months after: (1) the day a Xxxx Bill is given or the request was made for payment; or (2) the day the cost were paid if neither a xxxx bill was given or a request was made.

Appears in 1 contract

Samples: Legal Costs Agreement

COSTS REVIEW. 8.1 In the event that the Client wishes to dispute all or any of the Legal Costs, Sundries or Disbursements charged by the Firm, the Client agrees that they will raise any concerns with the Firm in a timely manner and that the Client will use their best endeavours to resolve the matter through negotiation. The persons with whom the Client may discuss the issue of disputed costs must be a Partner/Principal of the Firm. 8.2 Notwithstanding the preceding clause, the Client may independently apply to the Supreme Court of the Australian Capital Territory on the following bases: (1) an application may be brought under s 288 of the Act for an assessment of whether the cost Agreement is fair, just, and reasonable; or (2) an application may be brought under s 294A of the Act for a review of any Legal Costs invoiced or paid. The Court is entitled to consider whether it was reasonable to carry out the relevant services, whether the work was carried out in a reasonable way, and whether the costs incurred are fair and reasonable in the circumstances. 8.3 Subject to an extension of time being granted by the Court, an application referred to in clause 8.2 (2) must be brought no later than 12 months after: (1) the day a Xxxx Bill is given or the request was made for payment; or (2) the day the cost were paid if neither a xxxx bill was given or a request was made.

Appears in 1 contract

Samples: Legal Costs Agreement

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COSTS REVIEW. 8.1 In the event that the Client wishes to dispute all or any of the Legal Costs, Sundries or Disbursements charged by the Firm, the Client agrees that they will raise any concerns with the Firm in a timely manner and that the Client will use their best endeavours to resolve the matter through negotiation. The persons with whom the Client may discuss the issue of disputed costs must be a Partner/Principal of the Firmare Xxxxxxx Xxxxxxxx or Xxxxxxx Xxxxx. 8.2 Notwithstanding the preceding clause, the Client may independently apply to the Supreme Court of the Australian Capital Territory on the following bases: (1) an application may be brought under s 288 of the Act for an assessment of whether the cost Agreement is fair, just, and reasonable; or (2) an application may be brought under s 294A of the Act for a review of any Legal Costs invoiced or paid. The Court is entitled to consider whether it was reasonable to carry out the relevant services, whether the work was carried out in a reasonable way, and whether the costs incurred are fair and reasonable in the circumstances. 8.3 Subject to an extension of time being granted by the Court, an application referred to in clause 8.2 (2) must be brought no later than 12 months after: (1) the day a Xxxx is given or the request was made for payment; or (2) the day the cost were paid if neither a xxxx was given or a request was made.

Appears in 1 contract

Samples: Legal Costs Agreement

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