Free costs agreement template (Australia)
A free Australian costs agreement template from Quillio complies with the costs disclosure requirements under the Legal Profession Uniform Law (LPUL) — which applies in NSW and Victoria — and equivalent state legislation in QLD (Legal Profession Act 2007), WA (Legal Profession Act 2008), and other jurisdictions. The template covers the mandatory disclosure items: the basis of costs (hourly, fixed, conditional), estimated total costs, the client's right to negotiate, billing frequency, and the complaints process.
Mandatory disclosure requirements
Under section 174 of the LPUL (NSW/VIC), a costs agreement must include: the basis on which costs will be calculated (hourly rate, fixed fee, conditional fee); an estimate of total costs (or a range); the client's right to negotiate the costs; the billing frequency; the client's right to receive itemised bills; and information about the costs assessment process and complaints mechanisms.
Types of fee arrangements
Hourly rate: most common, with different rates for partners, senior associates, and junior lawyers. Fixed fee: a single price for defined scope of work (common in conveyancing, simple wills, uncontested divorces). Conditional fee (no-win-no-fee): the lawyer charges no fees if the matter is unsuccessful, but charges an uplift (up to 25% under LPUL) if successful. Each type has specific disclosure requirements.
How I generate costs agreements
Tell me the jurisdiction, the fee arrangement type, the rates, and the estimated costs. I produce a compliant costs agreement with all mandatory disclosure items, in plain English that the client can understand. For firms using multiple fee arrangements across different matter types, I generate matter-specific costs agreements from your standard terms.
Common issues
- A costs agreement that does not comply with LPUL disclosure requirements may be unenforceable — the client can seek costs assessment
- Conditional fee uplift is capped at 25% of normal costs under LPUL — exceeding this is prohibited
- The costs agreement must be provided before work begins or as soon as practicable — late disclosure undermines enforceability
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