A conditional costs agreement under the Legal Profession Act 2007 (Qld) must contain a statement that the client has been informed of their right to seek independent legal advice — merely notifying the client of that right in the agreement is insufficient. The agreement must also expressly incorporate a five clear business day cooling-off period; s 323(3)(e) does not operate as a deeming provision. Non-compliance with these mandatory requirements renders the agreement void under s 327(1), not merely voidable, though the solicitor may recover costs under the applicable scale or at fair and reasonable value.
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