(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 7 , legal costs under a void costs agreement are recoverable as set
out in section 319(1) (b) or (c) .
(3) However, a law practice is not
entitled to recover, as set out in section 319(1) (b) or (c) , any amount in
excess of the amount the law 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 324is not entitled to recover the whole or any part
of the uplift fee and must repay the 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 325is not entitled
to recover any amount relating to the provision of legal services in the
matter to which the costs agreement related and must repay any amount received
relating to those services to the person from whom it was received.
(6) If a
law practice does not repay an amount required by subsection (3) , (4) or (5)
to be repaid, the person entitled to be repaid may recover the amount from the
law practice as a debt in a court of competent jurisdiction.
