LEGAL PROFESSION ACT 2006 - SECT 287 Certain costs agreements void

LEGAL PROFESSION ACT 2006 - SECT 287

    (1)     A costs agreement that contravenes, or is entered into in contravention of, any provision of this division is void.

    (2)     Subject to this section and division 3.2.7 (Costs assessment), legal costs under a void costs agreement are recoverable as set out in section 279 (b) or (c) (On what basis are legal costs recoverable?).

    (3)     However, a law practice is not entitled to recover any amount in excess of the amount that the practice would have been entitled to recover if the costs agreement had not been void and must repay any excess amount received.

    (4)     A law practice that has entered into a costs agreement in contravention of section 284 (Conditional costs agreements involving uplift fees) is not entitled to recover the uplift fee or any part of it and must repay any amount received in relation to the uplift fee to the person from whom it was received.

    (5)     A law practice that has entered into a costs agreement in contravention of section 285 (Contingency fees prohibited) is not entitled to recover any amount in relation to the provision of legal services in the matter to which the costs agreement related and must repay any amount received in relation to the services to the person from whom it was received.

Note     An amount that is required to be repaid under s (3), (4) or (5) may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act

, s 177).