Detailed Assessment Advocacy

The judge or authorised court officer considers the disputed costs by reference to the costs order, Bill, Points of Dispute, Replies, evidence and submissions. The hearing may address preliminary issues first and then move through phases or items. The precise format depends on the court, size of the Bill and directions made.

Some assessments take place remotely or in hybrid form, while others are in person. Practical requirements for filing, bundles and attendance should be checked with the relevant court. We prepare for the listed format and make sure the client understands how the hearing is likely to proceed.

We review the complete assessment history, including offers and concessions. Arithmetic is checked, unresolved issues are identified and the evidence is matched to the submissions. Where the matter has been prepared by another representative, we raise focused questions early enough for the answers to be useful.

A conference can help clarify the litigation history or the commercial priorities. We then prepare an issue plan, authorities and working calculations. The aim is to be able to explain the point, take the court to the relevant material and state the practical consequence without unnecessary detour.

For a receiving party, advocacy may involve explaining why work was reasonably undertaken, addressing proportionality, supporting rates and disbursements, and dealing with the relationship between the Bill and approved budgets. For a paying party, it may involve showing why a claimed item or category should be reduced or disallowed on the evidence and rules.

In both roles, credibility matters. We distinguish points that should be pursued from those where a concession is appropriate. The advocate must also keep the running calculation and any offer consequences in view as decisions are made.

Bills within the applicable threshold may first be assessed on the papers. If a party requests an oral hearing in relation to particular decisions, the rules on timing and costs consequences require careful attention. The oral hearing is not simply an opportunity to repeat everything lodged previously.

We assess whether the points selected for challenge justify the hearing risk, prepare focused submissions and ensure the court has the necessary papers. That advice should be taken before the request is made, not only when the hearing date arrives.

The decisions must be reflected in the final figures and certificate. Questions about interest, costs of the assessment and the effect of offers may remain. We check the calculations and help resolve the form of order so the outcome is recorded accurately.

If a party is considering a review or appeal, the basis and deadline should be examined immediately. The available route depends on who made the decision and how it was made. This is a case-specific issue requiring prompt advice.