Victorian Consolidated Legislation

Legal Profession Act 2004 - SECT 3.4.34.

Bills

3.4.34. Bills



(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-

   (a)  in any case, by an Australian legal practitioner or an employee of the
        law practice; or

   (b)  in the case of a barrister, by an approved clerk or an employee of an
        approved clerk authorised by the approved clerk.

(2A) It is sufficient compliance with subsection (2) if-

   (a)  in any case, 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;

   (b)  in the case of a barrister, a letter signed on behalf of the barrister
        by an approved clerk or an employee of an approved clerk authorised by
        the approved clerk is attached to, or enclosed with, the bill.

(3) In the case of a law practice that is an incorporated legal practice, the
bill may be sealed by the practice in accordance with its constitution,
instead of being signed under subsection (2).

(4) 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

   (c)  by leaving it for 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- with a
        person on the premises who is apparently at least 16 years old and
        apparently employed or residing there.

(5) A reference in subsection (4) to any method of giving a bill to a person
includes a reference to arranging for the bill to be given to that person by
that method (for example, by delivery by courier).

(5A) Despite anything in subsections (2) to (5), a bill may be given to a
client electronically if the client is a sophisticated client and requested
the bill to be given electronically.

(6) 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.