Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) A costs agreement may be made—
(a) between a client and a law practice retained by the client; or
(b) between a client and a law practice retained on behalf of the client by another law practice; or
(c) between a law practice and another law practice that retained that law practice on behalf of a client; or
(d) between a law practice and an associated third party payer.
(2) A costs agreement must be written or evidenced in writing.
(3) A costs agreement may consist of a written offer in accordance with subsection (4) that is accepted in writing or by other conduct.
Note Acceptance by other conduct is not permitted for conditional costs agreements (see s 283 (3) (c) (i)).
(4) The offer must clearly state—
(a) that it is an offer to enter into a costs agreement; and
(b) that the offer can be accepted in writing or by other conduct; and
(c) the kind of conduct that will be acceptance.
Example for par (c)
continuing to instruct the law practice in the matter after receiving the offer
(5) Except as provided by section 300A (Assessment of costs by reference to costs agreement), a costs agreement cannot provide that the legal costs to which it relates are not subject to costs assessment under division 3.2.7.
Note If it attempts to do so, the costs agreement will be void (see s 287 (1)).
(6) A reference in section 288 (Setting aside costs agreements) and in any prescribed provisions of this part 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.