Part 4 Resolution of costs disputes
In this Part:costs dispute means a dispute about costs payable in respect of conveyancing work.
Division 2 Preliminary procedure
43 Notifying Tribunal about costs dispute
(1) Any person may notify the Tribunal, in accordance with the regulations, of any costs dispute that the person has with another person.(2) A notification must be accompanied by the fee prescribed by the regulations.
44 Attempts to resolve costs dispute
(1) The Tribunal may, on notification of a costs dispute, take any action that it considers necessary to resolve the dispute.(2) On notification of a costs dispute, the Tribunal must determine whether the subject-matter of the dispute should be assessed by an independent expert and may, if it considers it appropriate, refer the dispute to an independent expert for assessment.(3) An independent expert may be selected from a panel of experts approved by the Chairperson of the Tribunal.(4) An independent expert to whom a costs dispute is referred under this section must prepare a written report on the dispute and provide a copy of it to the parties and to the Tribunal within the time limit specified by the Tribunal.(5) Nothing in this section prevents the Tribunal from referring a costs dispute for mediation or neutral evaluation under the Consumer, Trader and Tenancy Tribunal Act 2001.
(1) The costs of assessment by an independent expert, including the costs payable to the expert, are to be borne equally by the parties to the dispute.(2) Regulations made for the purposes of this section may provide that the parties are to bear the costs:(a) in such manner as may be ordered by the Tribunal, or(b) in any other prescribed manner.
46 Procedure if agreement reached on costs dispute
(1) If parties to a costs dispute reach an agreement or arrangement during or after an assessment by an independent expert, that agreement must be put in writing by the independent expert, signed by the parties to the dispute and filed with the Tribunal.(2) The Tribunal is to make such orders as it considers appropriate to give effect to the agreement.
Division 3 Determination of costs dispute
47 Application for determination of costs dispute
Any person may apply to the Tribunal, in accordance with the regulations, and on payment of the prescribed fee, for the determination of a costs dispute.
48 Preliminary procedure must be followed
An application must not be accepted unless the procedure relating to costs disputes set out in Division 2 has been followed in relation to the costs dispute or unless the Chairperson of the Tribunal does not consider it appropriate that the procedure be followed.
49 Jurisdiction of Consumer, Trader and Tenancy Tribunal in relation to costs disputes
(1) The Tribunal has jurisdiction to hear and determine any costs dispute brought before it in accordance with this Part.(2) The Tribunal has jurisdiction to hear and determine any costs dispute whether or not the matter to which the dispute relates arose before or after the commencement of this Division, except as provided by this Act.
50 Tribunal to be chiefly responsible for resolving costs disputes
(1) This section applies if a person starts any proceedings in or before any court in respect of a costs dispute and the costs dispute is one that could be heard by the Tribunal under this Division.(2) If a defendant in proceedings to which this section applies makes an application for the proceedings to be transferred, the proceedings must be transferred to the Tribunal in accordance with the regulations and are to continue before the Tribunal as if they had been instituted there.(3) This section has effect despite section 23 of the Consumer, Trader and Tenancy Tribunal Act 2001.
(1) In determining a costs dispute, the Tribunal is empowered to make one or more of the following orders as it considers appropriate:(a) an order that one party to the proceedings pay money to another party or to a person specified in the order,(b) an order that one party to the proceedings return to another party, or to a person specified in the order, documents in the possession or under the control of the party,(c) an order that a specified amount of money is not due or owing by a party to the proceedings to a specified person, or that a party to the proceedings is not entitled to a refund of any money paid to another party to the proceedings.(2) The provisions of sections 9–13 of the Consumer Claims Act 1998 apply, with any necessary modifications, to and in respect of the determination of a costs dispute.