(1) When a lawyer receives instructions to act for a party (the client ) in a
case, the lawyer must give the client:
- (a)
- a costs notice; and
- (b)
- written advice about:
- (i)
- the basis on which costs will be calculated;
- (ii)
- an estimate, if practicable, or a range of estimates of the total costs
of conducting the case;
- (iii)
- how party and party costs may apply in addition to the client's own
costs; and
- (iv)
- whether any other lawyer or an expert witness will be retained and, if
so, the estimated cost.
- (2)
- The lawyer must, when sending an account or itemised costs account to a
client, include in the account a notice referring to the costs notice.
- (3)
- If an offer to settle is made during a property case, the lawyer for each
party must tell the party:
- (a)
- the party's actual costs, both paid and
owing, up to the date of the offer to settle; and
- (b)
- the estimated future costs to complete the case;
to enable the party to estimate the amount the party will receive if the case
is settled in accordance with the offer to settle, after taking into account
costs.