LEGAL PROFESSION ACT 2007 - SECT 322
Making costs agreements
LEGAL PROFESSION ACT 2007 - SECT 322
Making costs agreements
322 Making costs agreements
(1) A costs agreement may be made between—
(a) a client and a law practice
retained by the client; or
(b) a client and a law practice retained on behalf
of the client by another law practice; or
(c) a law practice and another law
practice that retained that law practice on behalf of a client; or
(d) a law
practice and an associated third party payer.
(2) The costs agreement must be
written or evidenced in writing.
(3) The costs agreement may consist of a
written offer under subsection (4) that is accepted in writing or by other
conduct.
Note—
Acceptance by other conduct is not permitted for conditional
costs agreements—see section 323(3) (c) (i) .
(4) The offer must clearly
state—
(a) that it is an offer to enter into a costs agreement; and
(b)
that the offer can be accepted in writing or by other conduct; and
(c) the
type of conduct that will constitute acceptance.
(5) Except as provided by
section 344, a costs agreement can not provide that the legal costs to which
it relates are not subject to costs assessment under division 7 .
Note—
Under section 327(1) , if a costs agreement attempts to provide that the
legal costs are not subject to a costs assessment, the costs agreement will be
void.
(6) A reference in section 328, or in a provision of this part
prescribed under a regulation, to a client is, in relation to a costs
agreement that is entered into between a law practice and an associated third
party payer as mentioned in subsection (1) (d) and to which a client of the
law practice is not a party, a reference to the associated third party payer.