New South Wales Consolidated Regulations

LEGAL PROFESSION UNIFORM LAW APPLICATION REGULATION 2015 - REG 28

28 Disclosure requirements regarding costs agreements in personal injury cases--clause 4 (2) of Schedule 1 to the application Act

(1) This clause has effect for the purposes of clause 4 (2) of Schedule 1 to the application Act and applies to a costs agreement proposed to be entered into between a client or prospective client of a law practice in connection with a claim for personal injury damages referred to in that Schedule by the client or prospective client.

(2) The law practice must disclose to the client or prospective client information in relation to the effect of the costs agreement in connection with the operation of that Schedule.

(3) The information must include the following:

(a) a statement that Schedule 1 to the application Act would (but for the costs agreement) limit the maximum costs for legal services provided to the client or prospective client in connection with the claim,

(b) particulars as to how those maximum costs are calculated,

(c) a statement that the costs agreement would have the effect of excluding the operation of that Schedule,

(d) particulars as to how the costs would be calculated under the costs agreement,

(e) a statement that the costs agreement relates only to the costs payable as between the law practice and the client or prospective client, so that, in the event that costs are recoverable against the other party, the maximum costs so recoverable will be as provided by Schedule 1 to the application Act.

(4) Disclosure under this clause must be made in writing before, or as soon as practicable after, the law practice is retained in the matter, but before the costs agreement is entered into.

(5) This clause does not require disclosure if the costs agreement in relation to the matter was entered into before the law practice could reasonably expect that the matter would involve a claim to which this clause applies.

(6) A failure by a law practice to comply with the requirements of this clause disentitles the law practice to the benefit of clause 4 of Schedule 1 to the application Act.