Waller Family Lawyers Pty Ltd v McAuley

[2025] QCA 25

Queensland Court of Appeal

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Interrogate

Catchwords

1. Professions and Trades
2. › Lawyers
3. › Remuneration
4. › Costs agreements
5. › Types of costs agreements
6. › Do and charge retainer
7. › Whether general do and charge costs agreement void for contravention of Legal Profession Act 2007 (Qld)
8. › Whether costs agreement must contain same particulars as costs disclosure notice
9. › Legal Profession Act 2007 (Qld), ss 3, 299, 308, 310A, 322, 327
1. Professions and Trades
2. › Lawyers
3. › Remuneration
4. › Costs disclosure
5. › Relationship between costs disclosure notice and costs agreement
6. › Whether new costs agreement required upon receipt of further instructions
7. › Legal Profession Act 2007 (Qld), ss 308, 310A, 315, 322
1. Appeal
2. › Leave to appeal from QCAT Appeal Tribunal
3. › Question of law
4. › General or public importance
5. › Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 150

Quick Take

A 'do and charge' costs agreement that provides for the scope of work to be determined by client instructions from time to time, with further costs disclosure notices to be issued upon receipt of new instructions, is not void under Division 5 of Part 3.4 of the Legal Profession Act 2007 (Qld), and there is no requirement to enter into a new costs agreement each time a client gives further instructions.