Legal Profession Act 2007

A costs agreement may be made between—

a client and a law practice retained by the client; or

a client and a law practice retained on behalf of the client by another law practice; or

a law practice and another law practice that retained that law practice on behalf of a client; or

a law practice and an associated third party payer.

The costs agreement must be written or evidenced in writing.

The costs agreement may consist of a written offer under subsection (4) that is accepted in writing or by other conduct.

The offer must clearly state—

that it is an offer to enter into a costs agreement; and

that the offer can be accepted in writing or by other conduct; and

the type of conduct that will constitute acceptance.

Except as provided by section 344, a costs agreement can not provide that the legal costs to which it relates are not subject to costs assessment under division 7.

A reference in section 328, or in a provision of this part prescribed under a regulation, 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 mentioned 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.