Interpretation
295 Interpretation
In this Part:
bill means a bill of costs for providing legal services.
conditional costs agreement means a costs agreement that provides that the payment of some or all of the legal costs is conditional on the successful outcome of the matter to which the costs relate, as referred to in section 318, but does not include a costs agreement to the extent to which section 320(1) applies.
costs includes fees, charges, disbursements, expenses and remuneration.
costs agreement means an agreement about the payment of legal costs.
costs assessment means an assessment of legal costs under Division 8.
costs assessor means a person appointed as a costs assessor under section 366.
disbursements includes outlays.
fixed costs provisions means a determination, scale, arrangement or other provision fixing the costs or maximum costs of any legal services that is made by or under legislation.
itemised bill means a bill that specifies in detail how the legal costs are made up in a way that would allow them to be assessed under Division 8.
litigious matter means a matter that involves, or is likely to involve, the issue of proceedings in a court or tribunal.
lump sum bill means a bill that describes the legal services to which it relates and specifies the total amount of the legal costs.
public authority means an authority or body (whether a body corporate or not) established or incorporated for a public purpose by a law of a jurisdiction or of the Commonwealth, and includes a body corporate incorporated under a law of a jurisdiction or of the Commonwealth in which a jurisdiction or the Commonwealth has a controlling interest.
sophisticated client means a client to whom, because of section 306(1)(c) or (d), disclosure under section 303 or 304(1) is or was not required.
third party payer, see section 296.
uplift fee means additional legal costs (excluding disbursements) payable under a costs agreement on the successful outcome of the matter to which the agreement relates.
(2) In this Part, a reference to a law practice includes a reference to:
(a) for a person who was a sole practitioner when the legal services concerned were provided:
the former sole practitioner; and
the executor of the will of the former sole practitioner; and
(iii) the trustee or administrator of the estate of the former sole practitioner; and
subject to any other applicable arrangements:
(i) the persons who were the partners of a former law firm or multi-disciplinary partnership when the legal services concerned were provided; and
(ii) for a law firm or multi-disciplinary partnership if there has been a change of partners since the legal services concerned were provided – subject to any other applicable arrangements, the firm or partnership as currently constituted; and
the assignee of a law practice or former law practice; and
(iv) the receiver of a law practice or former law practice appointed under this Act; and
a person of a class prescribed by the regulations.
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
This Act’s bill:Explanatory statementSecond reading speech
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