Australian Capital Territory Repealed Acts

This legislation has been repealed.

LEGAL PRACTITIONERS ACT 1970 (REPEALED) - SECT 179

    (1)     Subject to subsection (2), a person who is liable to pay or, being so liable, has paid, a solicitor's costs or disbursements may request in writing the solicitor to give to the person an itemised statement of the costs and disbursements.

    (2)     A request under subsection (1) shall be made—

        (a)     in the case of a person who has not paid a solicitor's costs or disbursements—within 3 months after receiving a written account of those costs or disbursements; or

        (b)     in the case of a person who has paid a solicitor's costs or disbursements—within 3 months after paying those costs or disbursements; or

        (c)     within such further time as the registrar allows.

    (3)     The person making the request shall, if that person is not the client, cause a copy of the request to be given to the client.

    (4)     Where—

        (a)     a solicitor receives a request under subsection (1) from a person who has paid the costs and disbursements to which the request relates; and

        (b)     the solicitor does not, within 3 months of the date of receiving the request or within such further time as the registrar allows, give to the person an itemised statement of the costs and disbursements;

the solicitor is liable to repay the amount of the costs and disbursements to the person.

    (5)     Where a solicitor receives a request under subsection (1) and the client is given a copy of that request under subsection (3)—

        (a)     any proceedings instituted in respect of those costs and disbursements are stayed; and

        (b)     proceedings may not be instituted for the recovery of those costs and disbursements;

until the expiration of 1 month after the solicitor gives an itemised statement of those costs and disbursements to the person who made the request.

    (6)     Where a solicitor gives an itemised statement to a person other than the client in accordance with a request made under subsection (1), the solicitor shall inform the client that the solicitor has given the statement to the person.