Queensland Consolidated Acts
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MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 79
Maximum amount of legal costs for claims
79 Maximum amount of legal costs for claims
(1) This section applies if—
(a) a law practice has the conduct of a
speculative motor accident claim; and
(b) the Legal Profession Act 2007 ,
section 347 does not apply to the practice.
(2) The maximum amount of
legal costs the law practice may charge and recover from a client for work
done in relation to the claim can not be more than the amount worked out using
the formula stated in the Legal Profession Act 2007 , section 347 (1) .
However, approval to charge and recover a greater amount may be applied for
and approved in the way described in the Legal Profession Act 2007 ,
section 347 (2) to (4) .
(4) This section applies to a barrister only if the
barrister has not been retained by another law practice.
(5) This section
applies despite anything to the contrary in the costs agreement that relates
to the claim.
(6) In this section—
"legal costs" see the Legal Profession Act 2007 , section 346 .
"speculative motor accident claim" means a claim or potential claim if the
right of a law practice to charge and recover legal costs from the client who
made the claim for work done is dependent on the client’s success in
pursuing the claim.
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