Australian Capital Territory Current Acts

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LEGAL PROFESSION ACT 2006 - SECT 261

Definitions—pt 3.2

In this part:

"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 mentioned in section 283, but does not include a costs agreement to the extent to which section 285 (1) (Contingency fees prohibited) applies.

"costs agreement" means an agreement about the payment of legal costs.

"costs assessment "means an assessment of legal costs under division 3.2.7.

"disbursements" includes outlays.

"itemised bill" means a bill that states in detail how the legal costs are made up in a way that would allow them to be assessed under division 3.2.7.

"litigious matter" means a matter that involves, or is likely to involve, the issue of proceedings in a court or tribunal, and includes a matter at any time after—

        (a)     proceedings have been started in a court or tribunal; or

        (b)     if proceedings have not been started in a court or tribunal—proceedings in a court or tribunal have become likely.

"lump sum bill" means a bill that describes the legal services to which it relates and states the total amount of the legal costs.

"public authority "means an entity established for a public purpose by or under a Territory law, or the law of the Commonwealth, a State or another Territory.

"scale of costs" means the scale of costs prescribed by rules made under the Court Procedures Act 2004

.

"sophisticated client "means a client to whom, because of section 272 (1) (c) or (d) (Exceptions to requirement for disclosure), disclosure under section 269 (Disclosure of costs to client) or section 270 (1) (Disclosure if another law practice is to be retained) is not, or was not, required.

"third party payer"—see section 261A.

"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.



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