Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) A Judicial Registrar may do any of the following at an assessment hearing:
(a) summon a witness to attend;
(b) examine a witness;
(c) require a person to file an affidavit;
(d) administer an oath;
(e) order that a document be produced;
(f) make an interim or final costs assessment order;
(g) adjourn the assessment hearing;
(h) if satisfied that there has been a gross or consistent breach of a lawyer's obligations under this Chapter--refer an issue to the appropriate professional regulatory body;
(i) refer to the court any question arising from the assessment;
(j) determine whether costs were fairly and reasonably incurred, were of a fair and reasonable amount and were proportionate to the matters in issue;
(k) make a consent order fixing the amount of costs to be paid;
(l) dismiss an account if:
(i) it does not comply with these Rules or an order; or
(ii) the person entitled to costs does not attend the assessment hearing;
(m) order costs;
(n) do, or order another person to do, any other act that is required to be done under these Rules or an order.
Example: For the purposes of paragraph (h), an issue that may be referred to a professional regulatory body is if the lawyer grossly overcharged a client or failed to disclose an important issue.
(2) On being satisfied that the time for reviewing a costs assessment order has passed, the Judicial Registrar must:
(a) determine how any amount paid as security for the costs of assessment is to be distributed or refunded; and
(b) order that the payment be made out of court.