New South Wales Repealed Acts

This legislation has been repealed.

LEGAL PROFESSION ACT 2004 - SECT 324

324 Conditional costs agreements involving uplift fees

(1) A law practice must not enter into a conditional costs agreement in relation to a claim for damages that provides for the payment of an uplift fee on the successful outcome of the claim to which the fee relates.

(2) Except as provided by subsection (1), a conditional costs agreement may provide for the payment of an uplift fee.

(3) The basis of calculation of the uplift fee must be separately identified in the agreement.

(4) The agreement must contain an estimate of the uplift fee or, if that is not reasonably practicable:

(a) a range of estimates of the uplift fee, and

(b) an explanation of the major variables that will affect the calculation of the uplift fee.

(5) If a conditional costs agreement relates to a litigious matter, the uplift fee must not exceed 25% of the legal costs (excluding disbursements) otherwise payable.

(6) A law practice must not enter into a costs agreement in contravention of this section.

Maximum penalty: 100 penalty units.