Your rights in relation to legal costs

The following avenues are available to you if you are not happy with this bill:

• discussing your concerns with us;
• request an itemised bill if one has not been provided – this must be done within 30 days from the date which the legal costs become payable and we must comply within 21 days. If this is a lump sum bill and you request an itemised bill, which exceeds the amount specified in this lump sum bill, the additional costs may be recovered from you if the costs are determined to be payable after a costs assessment or after a binding determination by the Legal Services Commissioner;
• having our costs assessed under Division 7 of Part 4.3 of the Legal Profession Uniform Law (“Uniform Law”) OR, alternatively, make a complaint to the Legal Services Commissioner in relation to a costs dispute under Division 1 of Part 5.2 of the Uniform Law. The parameters for taking such steps are as follows:

(i)         in relation to a costs assessment – you must make the application within 12 months of when the bill was given or a request for payment was made, or where there was no bill or request made, when the legal costs were paid. An application can be made outside of 12 months in certain circumstances where the delay and reasons for the delay make it just and fair to do so;

(ii)        in relation to a costs dispute before the Legal Services Commissioner– you must make the application within 60 days after the legal costs have become payable or where you have asked for an itemised bill, within 30 days after it was provided. The Legal Services Commissioner may waive the time limits if the complaint is made within 4 months after the required period where the delay and reasons for the delay make it just and fair to do so, provided we have not commenced legal proceedings in respect of the legal costs.

Our rights in relation to interest

We may charge interest on unpaid legal costs if our costs are unpaid after 30 days of giving you this bill, in accordance with the Uniform Law. The rate of interest is the Cash Target Rate plus 2 per cent, specified by the Reserve Bank of Australia, as at the date of this bill.