Queensland Consolidated Acts

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LEGAL PROFESSION ACT 2007 - SECT 307

What happens when different laws apply to a matter

307 What happens when different laws apply to a matter

(1) This section applies if this part applies to a matter for a period and a corresponding law applies for another period.
(2) If this part applied to a matter for a period and a corresponding law applies to the matter afterwards, this part continues to apply in relation to legal costs, if any, incurred while this part applied to the matter.
(3) If a corresponding law applied to a matter for a period and this part applies to the matter afterwards, this part does not apply in relation to legal costs, if any, incurred while the corresponding law applied to the matter, so long as the corresponding law continues to apply in relation to those costs.
(4) However—
(a) the client may enter into a written agreement with the law practice that the cost assessment provisions of this part are to apply in relation to all legal costs incurred in relation to the matter, and division 7 accordingly applies in relation to those legal costs; or
(b) if the client enters into a written agreement with the law practice that the cost assessment provisions of a corresponding law are to apply in relation to all legal costs incurred in relation to the matter, division 7 accordingly does not apply in relation to those legal costs.
(5) A written agreement mentioned in subsection (4) need not be signed by the client but in that case the client’s acceptance must be communicated to the law practice by fax, email or some other written form.
(6) If a corresponding law applied to a matter for a period and this part applies to the matter afterwards, this part does not require disclosure of any matters to the extent that they have already been disclosed under a corresponding law.
(7) This section has effect despite any other provisions of this part.



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