Division 3(1) An agreement as to the costs of the provision of legal services may be made with a client by:(a) the barrister or solicitor who is retained by the client to provide the services, or(b) the barrister or solicitor retained on behalf of the client by another barrister or solicitor.(2) An agreement as to the costs of the provision of legal services may also be made between the barrister or solicitor providing the services and another barrister or solicitor who retained that barrister or solicitor on behalf of the client.(3) An agreement under this section is called a costs agreement.(4) A costs agreement is void if it is not in writing or evidenced in writing.(5) A costs agreement may form part of a contract for the provision of legal services.(6) A costs agreement may consist of a written offer that is accepted in writing or by other conduct. A disclosure in accordance with Division 2 under section 175 or 176 may constitute an offer for the purposes of this subsection.
185 Regulations, rules and guidelines as to costs agreements
The regulations and, subject to the regulations, the barristers rules, solicitors rules or joint rules may make provision for or with respect to the information to be included in costs agreements.
186 Conditional costs agreements
(1) A barrister or solicitor may make a costs agreement under which the payment of all of the barrister’s or solicitor’s costs is contingent on the successful outcome of the matter in which the barrister or solicitor provides the legal services.(2) Any such costs agreement is called a conditional costs agreement.(3) A conditional costs agreement may relate to proceedings in a court or tribunal, except criminal proceedings.(4) A conditional costs agreement must set out the circumstances constituting the successful outcome of the matter.(5) A conditional costs agreement may exclude disbursements from the costs that are payable only on the successful outcome of the matter.
187 Payment of premium under conditional costs agreement
(1) A conditional costs agreement may provide for the payment of a premium on those costs otherwise payable under the agreement only on the successful outcome of the matter.(2) The premium is to be a specified percentage of those costs or a specified additional amount. The premium is to be separately identified in the agreement.(3) The premium is not to exceed 25% of those costs.(4) However, the regulations may vary that maximum percentage of costs. Different percentages may be prescribed for different circumstances.
188 Costs not to be calculated on amount recovered in proceedings
A costs agreement may not provide that costs are to be determined as a proportion of, or are to vary according to, the amount recovered in any proceedings to which the agreement relates.
(1) Any provision of a costs agreement or other agreement that is inconsistent with this Division is void to the extent of the inconsistency.(2) In particular, any provision of a costs agreement or other agreement that purports to waive rights to an assessment of costs under this Part, or the right to receive a bill of costs in the form required for assessment under this Part, is void.