A percentage estimate of adverse costs under s 260(1)(f)(ii) of the Legal Profession Act 2008 (WA) is insufficient where the client is not informed of the likely actual costs to be incurred by the other party. However, a failure to comply with s 260(1)(f)(ii) does not necessarily render a costs agreement not fair or not reasonable under s 288, particularly in family law matters where the general rule is that each party bears its own costs. A request for funds from a third party is not equivalent to the written disclosure of a substantial change required by s 267.
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