Commonwealth Numbered Regulations

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FAMILY LAW RULES 20042003 No. 375 - RULE 19.14

Costs agreements
(1)
A lawyer may make a written agreement (the costs agreement ) with a client about the costs to be charged by the lawyer for work done for a case for the client.

(2)
The costs agreement must:

(a)
specify the type and amount of work to be done by the lawyer;

(b)
set out:

(i)
the costs payable by the client for the work as a lump sum; or
(ii)
the basis on which the costs will be calculated;
(c)
state whether a partner, employed lawyer or clerk will work on the case and, if so, that person's charge out rate;

(d)
be fair and reasonable; and

(e)
be signed by the lawyer and the client.

(3)
The costs agreement may:

(a)
relate to part only of a case; and

(b)
be amended by written agreement.

(4)
The costs agreement must not include a provision:

(a)
preventing the client from taking civil action (including liability for negligence) against the lawyer;

(b)
by which all or part of the costs payable for work done are calculated by reference to:

(i)
an amount ordered by the court;
(ii)
the amount of an agreed settlement or consent order; or
(iii)
the value of the property or money that may be recovered in a case to which the work relates; or
(c)
that makes the costs payable only if the outcome of the case is in the client's favour.


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