Queensland Consolidated Acts

LEGAL PROFESSION ACT 2007 - SECT 340

340 Assessment of complying costs agreements

(1) A costs assessor for a costs application must assess any disputed costs that are subject to a costs agreement by reference to the provisions of the costs agreement if—

(a) a relevant provision of the costs agreement specifies the amount, or a rate or other means for calculating the amount, of the costs; and

(b) the agreement has not been set aside under section 328 ;

unless the costs assessor is satisfied that—

(c) the costs agreement does not comply in a material respect with any disclosure requirements of division 3 ; or

(d) division 5 precludes the law practice concerned from recovering the amount of the costs; or

(e) the parties otherwise agree.

(2) The costs assessor is not required to initiate an examination of the matters mentioned in subsection (1) (c) and (d) .