From the day the bill was given or payment was asked for (with neither, the day the costs were paid)
New South Wales12 months1
Victoria12 months2
Western Australia12 months3
Queensland12 months4
Australian Capital Territory12 months5
Northern Territory12 months6
South Australia6 months7
Tasmania60 days8
Tasmania’s Act counts 60 days, drawn here in months on the same scale as the rest.
- 1
New South Wales · 12 months
An application under this section must be made within 12 months after— (a) the bill was given to, or the request for payment was made to, the client, third party payer or other law practice; or (b) the legal costs were paid if neither a bill nor a request was made.
Legal Profession Uniform Law (NSW), Uniform Law s 198(3)However, an application that is made out of time may be dealt with by the costs assessor if the designated tribunal, on application by the costs assessor or the client or third party payer who made the application for assessment, determines, after having regard to the delay and the reasons for the delay, that it is just and fair for the application for assessment to be dealt with after the 12-month period.
Legal Profession Uniform Law (NSW), Uniform Law s 198(4)Subsection (4) does not apply to an application made out of time by a third party payer who is not a commercial or government client but who would be a commercial or government client if the third party payer were a client of the law practice concerned.
Legal Profession Uniform Law (NSW), Uniform Law s 198(5)
- 2
Victoria · 12 months
An application under this section must be made within 12 months after— (a) the bill was given to, or the request for payment was made to, the client, third party payer or other law practice; or (b) the legal costs were paid if neither a bill nor a request was made.
Legal Profession Uniform Law Application Act 2014 (Vic), Schedule 1, Uniform Law s 198(3)However, an application that is made out of time may be dealt with by the costs assessor if the designated tribunal, on application by the costs assessor or the client or third party payer who made the application for assessment, determines, after having regard to the delay and the reasons for the delay, that it is just and fair for the application for assessment to be dealt with after the 12-month period.
Legal Profession Uniform Law Application Act 2014 (Vic), Schedule 1, Uniform Law s 198(4)Subsection (4) does not apply to an application made out of time by a third party payer who is not a commercial or government client but who would be a commercial or government client if the third party payer were a client of the law practice concerned.
Legal Profession Uniform Law Application Act 2014 (Vic), Schedule 1, Uniform Law s 198(5)
- 3
Western Australia · 12 months
(a) the bill was given to, or the request for payment was made to, the client, third party payer or other law practice; or
Legal Profession Uniform Law (WA), Uniform Law s 198(3)(a)(b) the legal costs were paid if neither a bill nor a request was made.
Legal Profession Uniform Law (WA), Uniform Law s 198(3)(b)However, an application that is made out of time may be dealt with by the costs assessor if the designated tribunal, on application by the costs assessor or the client or third party payer who made the application for assessment, determines, after having regard to the delay and the reasons for the delay, that it is just and fair for the application for assessment to be dealt with after the 12-month period.
Legal Profession Uniform Law (WA), Uniform Law s 198(4)Subsection (4) does not apply to an application made out of time by a third party payer who is not a commercial or government client but who would be a commercial or government client if the third party payer were a client of the law practice concerned.
Legal Profession Uniform Law (WA), Uniform Law s 198(5)
- 4
Queensland · 12 months
A costs application by a client or a third party payer must be made within 12 months after— (a)the bill was given, or the request for payment was made, to the client or third party payer; or (b)the costs were paid if neither a bill was given nor a request was made.
Legal Profession Act 2007 (Qld), s 335(5)However, a costs application made out of time, otherwise than by any of the following, may be dealt with by a costs assessor or a court if, under the Uniform Civil Procedure Rules, the assessor or the court decides to deal with it after considering the reasons for delay— (a)a sophisticated client; (b)a third party payer who would be a sophisticated client if the third party payer were a client of the law practice concerned.
Legal Profession Act 2007 (Qld), s 335(6)
- 5
Australian Capital Territory · 12 months
An application by a client or third party payer for a costs assessment under this section must be made not later than 12 months after— (a) the day the bill was given or the request for payment was made to the client or third party payer; or
Legal Profession Act 2006 (ACT), s 294A(5)However, an application that is made out of time may be dealt with if the Supreme Court, on its own initiative or on application by the client or third party payer who made the application for assessment, determines, after having regard to the delay and the reasons for delay, that it is just and fair for the application for assessment to be dealt with after the 12-month period.
Legal Profession Act 2006 (ACT), s 294A(6)Subsection (6) does not apply to an application by— (a) a sophisticated client; or (b) a third party payer who would be a sophisticated client if the third party payer were a client of the law practice concerned.
Legal Profession Act 2006 (ACT), s 294A(7)
- 6
Northern Territory · 12 months
An application by a client or third party payer for a costs assessment under this section must be made within 12 months after: (a) the bill was given or the request for payment was made to the client or third party payer; or (b) the costs were paid if neither a bill was given nor a request was made.
Legal Profession Act 2006 (NT), s 332(5)However, an application that is made out of time other than by: (a) a sophisticated client; or (b) third party payer who would be a sophisticated client if the third party payer were a client of the law practice concerned; may be dealt with by the costs assessor if the Supreme Court, on application by the assessor or the client or third party payer who made the application for assessment, determines, after having regard to the delay and the reasons for the delay, that it is just and
Legal Profession Act 2006 (NT), s 332(6), to a page break
- 7
South Australia · 6 months
An application by a client or third party payer for an adjudication of costs under this clause must be made within 6 months after— (a) the bill was given or the request for payment was made to the client or third party payer; or (b) the costs were paid if neither a bill was given nor a request was made.
Legal Practitioners Act 1981 (SA), Sch 3 cl 37(4)However, an application that is made out of time, otherwise than by— (a) a sophisticated client; or (b) a third party payer who would be a sophisticated client if the third party payer were a client of the law practice concerned, may be dealt with by the Supreme Court if the Court, on application by the client or third party payer who made the application for adjudication, determines, after having regard to the delay and the reasons for the delay, that it is just and fair for the application for adjudication to be dealt with after the 6 month period.
Legal Practitioners Act 1981 (SA), Sch 3 cl 37(5)
- 8
Tasmania · 60 days
An application by a client or third party payer for a costs assessment under this section must be made within 60 days after – (a) the bill was given or the request for payment was made to the client or third party payer; or (b) the costs were paid if neither a bill was given nor a request was made.
Legal Profession Act 2007 (Tas), s 319(5)However, an application that is made out of time, otherwise than by – (a) a sophisticated client; or (b) a third party payer who would be a sophisticated client if the third party payer were a client of the law practice concerned – may be dealt with by the costs assessor if the Supreme Court, on application by the costs assessor or the client or third party payer who made the application for assessment, determines, after having regard to the delay and the reasons for the delay, that it is just and fair for the application for assessment to be dealt with after the 60-day period.
Legal Profession Act 2007 (Tas), s 319(6)