Victorian Consolidated Legislation

Legal Profession Act 2004 - SECT 3.4.8.

What happens when different laws apply to a matter?

3.4.8. What happens when different laws apply to a matter?



(1) This section applies if this Part applies to a matter for a period and a
corresponding law applies for another period.

(2) If this Part applied to a matter for a period and a corresponding law
applies to the matter afterwards, this Part continues to apply in respect of
legal costs (if any) incurred while this Part applied to the matter.

(3) If a corresponding law applied to a matter for a period and this Part
applies to the matter afterwards, this Part does not apply in respect of legal
costs (if any) incurred while the corresponding law applied to the matter, so
long as the corresponding law continues to apply in respect of those costs.

(4) However-

   (a)  the client may enter into a written agreement with the law practice
        that the cost review provisions of this Part are to apply in respect
        of all legal costs incurred in relation to the matter, and Division 7
        accordingly applies in respect of those legal costs; or

   (b)  if the client enters into a written agreement with the law practice
        that the cost review provisions of a corresponding law are to apply in
        respect of all legal costs incurred in relation to the matter,
        Division 7 accordingly does not apply in respect of those legal costs.

(4A) A written agreement referred to in subsection (4) need not be signed by
the client but in that case the client's acceptance must be communicated to
the law practice by fax, email or some other written form.

(4B) If a corresponding law applied to a matter for a period and this Part
applies to the matter afterwards, this Part does not require disclosure of any
matters to the extent that they have already been disclosed under a
corresponding law.

(5) This section has effect despite any other provisions of this Part.

Division 3-Costs disclosure