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LEGAL PROFESSION UNIFORM LAW (NSW) - SECT 182
Conditional costs agreements involving uplift fees
182 Conditional costs agreements involving uplift fees
(1) A conditional costs agreement may provide for the payment of an uplift
fee.
(2) If a conditional costs agreement relates to a litigious matter-- (a)
the agreement must not provide for the payment of an uplift fee unless the law
practice has a reasonable belief that a successful outcome of the matter is
reasonably likely; and
(b) the uplift fee must not exceed 25% of the legal
costs (excluding disbursements) otherwise payable.
(3) A conditional costs
agreement that includes an uplift fee-- (a) must identify the basis on which
the uplift fee is to be calculated; and
(b) must include an estimate of the
uplift fee or, if that is not reasonably practical-- (i) a range of estimates
for the uplift fee; and
(ii) an explanation of the major variables that may
affect the calculation of the uplift fee.
(4) A law practice must not enter
into a costs agreement in contravention of this section or of the Uniform
Rules relating to uplift fees. Civil penalty: 100 penalty units.
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