New South Wales Consolidated Acts

LEGAL PROFESSION UNIFORM LAW APPLICATION ACT 2014 - SECT 59

59 Local regulations to provide for fixed costs

(1) The local regulations may make provision for or with respect to the following--

(a) fixing fair and reasonable costs for legal services provided in any workers compensation matter,

(b) fixing the costs payable for legal services provided in connection with any claim for personal injury damages (within the meaning of the Civil Liability Act 2002 ),

(c) fixing the costs payable for legal services provided in connection with small claims applications (within the meaning of section 379 of the Industrial Relations Act 1996 ),

(d) fixing the costs payable for the enforcement of a lump sum debt or liquidated sum for damages,

(e) fixing the costs payable for the enforcement of a judgment by a judgment creditor,

(f) fixing the costs payable for legal services provided in respect of probate or the administration of estates,

(g) fixing an amount of costs for a matter that is not a legal service but is related to proceedings (for example, expenses for witnesses).

(2) A law practice is not entitled to be paid or recover for a legal service an amount that exceeds the fair and reasonable cost fixed for the service by the regulations under this section.

Note : Section 172(3) of the Legal Profession Uniform Law (NSW) provides as follows--

(3) In considering whether legal costs are fair and reasonable, regard must also be had to whether the legal costs conform to any applicable requirements of this Part, the Uniform Rules and any fixed costs legislative provisions.

The term
"fixed costs legislative provision" is defined in section 6 of that Law.