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LEGAL PROFESSION ACT 2006 - SECT 268 What happens when different laws apply to a matter?

LEGAL PROFESSION ACT 2006 - SECT 268

What happens when different laws apply to a matter?

    (1)     This section applies if this part applies to a matter for a period and a corresponding law applies for another period.

    (2)     If this part applied to a matter for a period and a corresponding law applies to the matter afterwards, this part continues to apply in relation to legal costs (if any) incurred while this part applied to the matter.

    (3)     If a corresponding law applied to a matter for a period and this part applies to the matter afterwards, this part does not apply in relation to legal costs (if any) incurred while the corresponding law applied to the matter, so long as the corresponding law continues to apply in relation to the costs.

    (4)     However—

        (a)     the client may enter into a written agreement with the law practice that the cost assessment provisions of this part are to apply in relation to all legal costs incurred in relation to the matter, and division 3.2.7 (Costs assessment) accordingly applies in relation to the costs; or

        (b)     the client may enter into a written agreement with the law practice that the cost assessment provisions of a corresponding law are to apply in relation to all legal costs incurred in relation to the matter, and division 3.2.7 accordingly does not apply in relation to the costs.

    (5)     A written agreement mentioned in subsection (4) need not be signed by the client but in that case the client's acceptance must be communicated to the law practice by fax, email or other written form.

    (6)     If a corresponding law applied to a matter for a period and this part applies to the matter afterwards, this part does not require disclosure of any matters to the extent that they have already been disclosed under a corresponding law.

    (7)     This section has effect despite any other provisions of this part.