Subject to division 3.2.2 (Application—pt 3.2), legal costs are recoverable—
(a) under a costs agreement made in accordance with division 3.2.5 or the corresponding provisions of a corresponding law; or
(b) if paragraph (a) does not apply—in accordance with an applicable scale of costs; or
(c) if neither paragraph (a) nor (b) applies—according to the fair and reasonable value of the legal services provided.
Note See s 300 (2) for the criteria that are to be applied on a costs assessment to decide whether legal costs are fair and reasonable.