A costs agreement that does not comply with s 48 of the Queensland Law Society Act 1952 (Qld) is void and of no legal effect — it cannot be relied upon by either the client or the solicitor, and cannot be taken into account under r 704(3)(b) UCPR in assessing indemnity costs. A party ordered to pay indemnity costs has standing to challenge the validity of such an agreement. Solicitors must ensure strict compliance with s 48 requirements or risk the agreement being treated as a nullity.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.
3 of the 4 citing cases carry a classified treatment. How each court treated it is available to signed-in members.