AustLII Tasmanian Consolidated Acts

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LEGAL PROFESSION ACT 2007 - SECT 308

Conditional costs agreements involving uplift fees

(1)  A conditional costs agreement may provide for the payment of an uplift fee.
(2)  The basis of calculation of the uplift fee must be separately identified in the agreement.
(3)  The agreement must contain an estimate of the uplift fee or, if that is not reasonably practicable –
(a) a range of estimates of the uplift fee; and
(b) an explanation of the major variables that will affect the calculation of the uplift fee.
(4)  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.
(5)  A law practice must not enter into a costs agreement in contravention of this section.
Penalty:  Fine not exceeding 100 penalty units.



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