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.]