Vumbaca v Sultana [2012] NSWDC 237 (14 December 2012) discusses the nature of costs assessment. The case provides a useful summary of the differences between costs assessment and court proceedings:
- Costs assessments are not officers of the Court
- Costs assessors are practicing solicitors and barristers, employed as costs assessors on a part-time basis
- Costs assessor’s costs are usually (but not always) paid by the parties
- Costs assessment is paper-driven with no appearances
- There are no ‘rules of procedure’ unlike the Court system
- There is an application on a prescribed form but other documents are not specified
- Costs assessor cannot take sworn evidence or compel the attendance of a witness
- Costs assessments are not court proceedings
- Costs assessor’s reasons are not published.