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Legal Profession Act 2006
268What happens when different laws apply to a matter?
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268 What happens when different laws apply to a matter?
(1) This section applies if this part applies to a matter for a period and a
corresponding law applies for another period.
(2) If this part applied to a matter for a period and a corresponding law
applies to the matter afterwards, this part continues to apply in
relation to legal costs (if any) incurred while this part applied to the
matter.
(3) If a corresponding law applied to a matter for a period and this part
applies to the matter afterwards, this part does not apply in relation to
legal costs (if any) incurred while the corresponding law applied to
the matter, so long as the corresponding law continues to apply in
relation to the costs.
(4) However—
(a) the client may enter into a written agreement with the law
practice that the cost assessment provisions of this part are to
apply in relation to all legal costs incurred in relation to the
matter, and division 3.2.7 (Costs assessment) accordingly
applies in relation to the costs; or
(b) the client may enter into a written agreement with the law
practice that the cost assessment provisions of a corresponding
law are to apply in relation to all legal costs incurred in relation
to the matter, and division 3.2.7 accordingly does not apply in
relation to the costs.
(5) A written agreement mentioned in subsection (4) need not be signed
by the client but in that case the client’s acceptance must be
communicated to the law practice by fax, email or other written form.
(6) If a corresponding law applied to a matter for a period and this part
applies to the matter afterwards, this part does not require disclosure
of any matters to the extent that they have already been disclosed
under a corresponding law.
(7) This section has effect despite any other provisions of this part.