(1) A bill may be in the form of a lump sum bill or an itemised bill.
(2) A
bill must be signed on behalf of a law practice by an Australian legal
practitioner or an employee of the law practice.
(3) It is sufficient
compliance with subsection (2) if a letter signed on behalf of a law practice
by an Australian legal practitioner or an employee of the law practice is
attached to, or enclosed with, the bill.
(4) A bill or letter is taken to
have been signed by a law practice that is an incorporated legal practice if
it—
(a) has the practice’s seal affixed to it; or
(b) is signed by a
legal practitioner director of the practice or an officer or employee of the
practice who is an Australian legal practitioner.
(5) A bill is to be given
to a person—
(a) by delivering it personally to the person or to an agent of
the person; or
(b) by sending it by post to the person or agent at—
(i) the
usual or last known business or residential address of the person or agent; or
(ii) an address nominated for the purpose by the person or agent; or
(i) the usual or last known business
or residential address of the person or agent; or
(ii) an address nominated
for the purpose by the person or agent;
with a person on the premises who is
apparently at least 16 years old and apparently employed or residing there; or
(d) if the legal costs or the basis on which they have been calculated have or
has been agreed as a result of a tender process—in a way provided as part of
the tender process or by later agreement between the client and the law
practice.
(6) A reference in subsection (5) to a way of giving a bill to a
person includes a reference to arranging for the bill to be given to that
person by that way, including, for example, by delivery by courier.
(7)
Despite anything in subsections (2) to (6) , a bill may be given to a client
electronically if the client consents to the bill being given electronically.
(8) In this section—
"agent" , of a person, means an agent, law practice or Australian legal
practitioner who has authority to accept service of legal process on behalf of
the person.
