Legal Practitioners Act 1981

A costs agreement that contravenes, or is entered into in contravention of, any provision of this Part is void.

Subject to this clause and Part 7, legal costs under a void costs agreement are recoverable as set out in clause 21(b) or (c).

However, a law practice is not entitled to recover any amount in excess of the amount that the law practice would have been entitled to recover if the costs agreement had not been void and must repay any excess amount received.

A law practice that has entered into a costs agreement in contravention of clause 26 is not entitled to recover the whole or any part of the uplift fee and must repay the amount received in respect of the uplift fee to the person from whom it was received.

A law practice that has entered into a costs agreement in contravention of clause 27 is not entitled to recover any amount in respect of the provision of legal services in the matter to which the costs agreement related and must repay any amount received in respect of those services to the person from whom it was received.

If a law practice does not repay an amount required by subclause (3),

or (5) to be repaid, the person entitled to be repaid may recover the amount from the law practice as a debt in a court of competent jurisdiction.