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LEGAL PROFESSION UNIFORM LAW (NSW) - SECT 185
Certain costs agreements are void
185 Certain costs agreements are void
(1) A costs agreement that contravenes, or is entered into in contravention
of, any provision of this Division is void. Note: If a costs agreement is void
due to a failure to comply with the disclosure obligations of this Part, the
costs must be assessed before the law practice can seek to recover them (see
section 178(1)).
(2) A law practice is not entitled to recover any amount in
excess of the amount that the law practice would have been entitled to recover
if the costs agreement had not been void and must repay any excess amount
received.
(3) A law practice that has entered into a costs agreement in
contravention of section 182 is not entitled to recover the whole or any part
of the uplift fee and must repay the amount received in respect of the uplift
fee to the person from whom it was received.
(4) A law practice that has
entered into a costs agreement in contravention of section 183 is not entitled
to recover any amount in respect of the provision of legal services in the
matter to which the costs agreement related and must repay any amount received
in respect of those services to the person from whom it was received.
(5) If
a law practice does not repay an amount required by subsection (2), (3) or (4)
to be repaid, the person entitled to be repaid may recover the amount from the
law practice as a debt in a court of competent jurisdiction.
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