Commonwealth Numbered Regulations

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FAMILY LAW RULES 20042003 No. 375 - RULE 19.03

Duty to inform about costs

(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.



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