After section 143 of the Principal Act , the following Part is inserted:

PART 11A - Information

143A.     Information for client

(1)  Before being retained by a client to provide legal services, a legal practitioner must give the prospective client a written statement setting out –

(a) details of the method of costing the legal services, billing intervals and arrangements; and

(b) the client's right to –

(i) negotiate a costs agreement with the legal practitioner; and

(ii) receive a bill of costs from the legal practitioner; and

(iii) request an itemised bill within 30 days after receipt of the bill of costs.

(2)  In urgent circumstances, the statement may be given orally before the legal practitioner is retained and is to be confirmed in writing as soon as practicable afterwards.

(3)  As soon as practicable after being retained by a client to provide legal services, a legal practitioner must give the client a concise written statement setting out the following:

(a) the name of the legal practitioner who is to primarily perform the work (except in the case of a sole practitioner who is to perform the work personally) and whether that person practises as a principal or an employee;

(b) if the whole or part of the work is to be performed by someone other than a legal practitioner, information relating to that fact;

(c) an estimate of the total legal costs, if reasonably practicable;

(d) if it is not reasonably practicable to estimate the total legal costs, a range of estimates of the total legal costs and an explanation of the major variables that may affect the calculation of those costs;

(e) if the legal services involve or are likely to involve litigation, an estimate of –

(i) the range of costs that may be recovered if the client is successful in that litigation; and

(ii) the range of costs the client may be ordered to pay if they are unsuccessful;

(f) the client's right to request a progress report in accordance with section 143G ;

(g) the avenues that are open to the client in the event of a dispute or complaint in relation to legal costs or the provision of the legal services;

(h) the address of the Law Society.

143B.     Information if another legal practitioner retained

(1)  If a legal practitioner intends to retain another legal practitioner on behalf of a client, the first legal practitioner must give the client a written statement before retaining the legal practitioner setting out the details specified in section 143A(1)(b) , (3)(c) and (d) in relation to the other legal practitioner, in addition to any information required to be given to the client under section 143A .

(2)  A legal practitioner retained or to be retained on behalf of a client by another legal practitioner is not required to give a statement to the client under section 143A , but must disclose to the first legal practitioner on request the information necessary for the first legal practitioner to comply with this section.

(3)  In urgent circumstances, the statement may be given orally before the legal practitioner is retained and is to be confirmed in writing as soon as practicable afterwards.

143C.     Form of statement

(1)  A statement under this Part –

(a) is to be expressed in clear plain language; and

(b) may be in a language other than English if the client is more familiar with that language.

(2)  If the legal practitioner is aware that the client is unable to read, the legal practitioner must arrange for the information required to be given to the client to be conveyed orally to the client in addition to providing the written statements.

143D.     Changes to be notified

A legal practitioner must notify the client of any substantial change to anything included in a statement under section 143A , 143B or 143E(2) as soon as practicable after the legal practitioner becomes aware of that change.

143E.     Exceptions

(1)  A statement under section 143A , 143B or 143D is not required to be given in any of the following cases:

(a) if the total legal costs, excluding disbursements, are not likely to exceed $750;

(b) if the client has received statements under section 143A(1) and (2) at least twice in the previous 12 months and agrees in writing to waive the right to a statement;

(c) if the client is a public company, a subsidiary of a public company, a foreign company or a registered Australian body (within the meaning of the Corporations Law);

(d) if the client is a Minister acting in the capacity as such, a government department or statutory authority.

(2)  If a legal practitioner becomes aware that the total legal costs are likely to exceed $750, the legal practitioner must give the client a statement including the matters in section 143A(1) and (2) as soon as practicable.

(3)  This section does not affect or take away from any client's right –

(a) to receive progress reports in accordance with section 143G ; or

(b) to obtain reasonable information from the legal practitioner in relation to any of the matters specified in section 143A or 143B ; or

(c) to negotiate a costs agreement with a legal practitioner and to obtain a bill of costs from the legal practitioner.

143F.     Effect of failure to give information

If a legal practitioner does not give to a client any information required to be given under this Part –

(a) on a taxation of a bill of costs, the taxed amount of the bill may be reduced by an amount considered by the person conducting the assessment to be proportionate to the seriousness of the failure to give the information; or

(b) in determining a dispute in relation to legal costs, the Council or Tribunal may reduce the amount of the legal costs by an amount considered by it to be proportionate to the seriousness of the failure to give the information.

143G.     Progress reports

A legal practitioner must give a client a written report of the progress of the matter in relation to which the legal practitioner is retained within 7 days after receiving a request from the client to do so.