Making costs agreements
317 Making costs agreements
A costs agreement may be made:
between a client and a law practice retained by the client; or
(b) between a client and a law practice retained on behalf of the client by another law practice; or
(c) between a law practice and another law practice that retained that law practice on behalf of a client; or
between a law practice and an associated third party payer.
A costs agreement must be written or evidenced in writing.
(3) A costs agreement may consist of a written offer in accordance with subsection (4) that is accepted in writing or by other conduct.
The offer must clearly specify:
that it is an offer to enter into a costs agreement; and
(b) that the offer can be accepted in writing or by other conduct; and
the type of conduct that will constitute acceptance.
(5) Except as provided by section 343, a costs agreement cannot provide that the legal costs to which it relates are not subject to costs assessment under Division 8.
Note for subsection (5)
If it attempts to do so, the costs agreement will be void – see section 322(1).
(6) A reference in section 323 and in any prescribed provisions of this Part to a client is, in relation to a costs agreement that is entered into between a law practice and an associated third party payer as referred to in subsection (1)(d) and to which a client of the law practice is not a party, a reference to the associated third party payer.
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