(1) Subject to division 2, legal costs are recoverable--
(a) under a costs agreement made under division 5 or the corresponding provisions of a corresponding law; or
(b) if paragraph (a) does not apply--under the applicable scale of costs; or
(c) if neither paragraph (a) nor (b) applies--according to the fair and reasonable value of the legal services provided.
Note for paragraph (c)--
See section 341(2) for the criteria that are to be applied on a costs assessment to decide whether legal costs are fair and reasonable.
(2) Subsection (1) does not apply in relation to the recovery of legal costs for work by a barrister retained, before the relevant day, to perform that work.
(3) In this section--
relevant day means the day that is 6 months after the day of commencement of this section.