Western Australian Current Acts

CIVIL LIABILITY ACT 2002 - SECT 15L

15L .         Caps on legal fees

        (1)         In this section —

        costs determination means a legal costs determination made under the Legal Profession Uniform Law Application Act 2022 section 133;

        law practice has the meaning given in the Legal Profession Uniform Law (WA) section 6(1).

        (2)         An agreement must not be made for a law practice to receive, for appearing for or acting on behalf of a person in a child sexual abuse action, any greater reward than is provided for by any costs determination that is in force.

        (3)         An agreement is void, and any money paid under the agreement is recoverable by the person who paid the money, if the agreement —

            (a)         is made contrary to this section; or

            (b)         would have been contrary to this section if it had been made after the commencement of the Civil Liability Legislation Amendment (Child Sexual Abuse Actions) Act 2018 section 5.

        (4)         Subsection (3) does not affect the operation of an agreement so far as it relates to services provided before the commencement of the Civil Liability Legislation Amendment (Child Sexual Abuse Actions) Act 2018 section 5 and does not apply in relation to any money paid or payable in respect of services so provided.

        [Section 15L inserted: No. 3 of 2018 s. 5; amended: No. 9 of 2022 s. 338.]

        [Heading inserted: No. 3 of 2018 s. 5.]