Queensland Consolidated Acts

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On what basis are legal costs recoverable

319 On what basis are legal costs recoverable

(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.

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