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MOTOR VEHICLE (THIRD PARTY INSURANCE) ACT 1943 - SECT 27A

MOTOR VEHICLE (THIRD PARTY INSURANCE) ACT 1943 - SECT 27A

27A .         Costs between solicitor and client

        (1)         This section applies to an action for damages in respect of the death of or bodily injury to a person directly caused by, or by the driving of, a motor vehicle.

        (2)         An agreement is not to be made for a legal practitioner to receive, for appearing for or acting on behalf of a person in an action to which this section applies, any greater reward than is provided for by any legal costs determination made under the Legal Profession Uniform Law Application Act 2022 section 133 that is in force.

        (3)         An agreement is void —

            (a)         if it is made contrary to this section; or

            (b)         if it would have been contrary to this section if it had been made after the commencement of section 6 of the Motor Vehicle (Third Party Insurance) Amendment Act 1994 ,

                and any money paid under such an agreement is recoverable by the person who has paid it.

        (4)         Subsection (3) does not affect the operation of an agreement so far as it relates to services provided before the commencement of section 6 of the Motor Vehicle (Third Party Insurance) Amendment Act 1994 and does not apply in relation to any money paid in respect of services so provided.

        [Section 27A inserted: No. 17 of 1994 s. 6; amended: No. 65 of 2003 s. 53(2); No. 21 of 2008 s. 682; No. 9 of 2022 s. 424.]