A conditional costs agreement in a group proceeding that does not comply with the plain language requirement in s 181(2)(a) and does not identify the basis on which an uplift fee is to be calculated as required by s 182(3)(a) of the Legal Profession Uniform Law is void, rendering the uplift fee irrecoverable. Costs incurred by a law practice in disputing a costs referee's conclusions are not costs incurred for the benefit of group members and cannot be deducted from the settlement sum. The indemnity principle does not apply to the assessment of costs deductible from a group proceeding settlement fund. After the event insurance costs are not automatically recoverable as a deduction from a settlement sum.
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