Victorian Consolidated Legislation

Legal Profession Act 2004 - SECT 3.4.33.

Legal costs cannot be recovered unless bill has been served

3.4.33. Legal costs cannot be recovered unless bill has been served



(1) A law practice must not commence legal proceedings to recover legal costs
from a person until at least 65 days after the law practice has given a bill
to the person in accordance with sections 3.4.34 and 3.4.35.

Note Section 4.3.2 prohibits a law practice from commencing proceedings if it
has received notice of a civil complaint regarding the legal costs.

(2) A court of competent jurisdiction may make an order authorising a law
practice to commence legal proceedings against a person sooner if satisfied
that-

   (a)  the law practice has given a bill to the person in accordance with
        sections 3.4.34 and 3.4.35; and

   (b)  the person is about to leave this jurisdiction.

(3) A court or tribunal before which any proceedings are brought in
contravention of subsection (1) must stay those proceedings on the application
of a party, or on its own initiative.

(4) This section applies whether or not the legal costs are the subject of a
costs agreement.