272Exceptions to requirement for disclosure

272 Exceptions to requirement for disclosure (1) Disclosure under section 269 (Disclosure of costs to clients) or section 270 (1) (Disclosure if another law practice is to be retained) is not required to be made in any of the following circumstances: (a) if the total legal costs in the matter, excluding disbursements, are not likely to exceed $1 500 (exclusive of GST) or, if a higher amount is prescribed by regulation, the higher amount; (b) if— (i) the client has received 1 or more disclosures under section 269 or section 270 (1) from the law practice in the previous 12 months; and (ii) the client has agreed in writing to waive the right to disclosure; and (iii) a principal of the law practice decides on reasonable grounds that, having regard to the nature of the previous disclosures and the relevant circumstances, the further disclosure is not justified; (c) if the client is— (i) a law practice or an Australian legal practitioner; or (ii) a public company, a subsidiary of a public company, a large proprietary company, a foreign company, a subsidiary of a foreign company or a registered Australian body (each within the meaning of the Corporations Act); or (iii) a financial services licensee (within the meaning of the Corporations Act); or (iv) a liquidator, administrator or receiver (as respectively mentioned in the Corporations Act); or (v) a partnership that carries on the business of providing professional services if the partnership consists of more than 20 members or if the partnership would be a large proprietary company (within the meaning of the Corporations Act) if it were a company; or (vi) a proprietary company (within the meaning of the Corporations Act) formed for the purpose of carrying out a joint venture, if any shareholder of the company is a person to whom disclosure of costs is not required; or (vii) an unincorporated group of participants in a joint venture, if any member of the group is a person to whom disclosure of costs is not required and if any other member of the group who is not someone to whom disclosure of costs is not required has indicated that the member waives the right to disclosure; or (viii) a Minister of a jurisdiction or the Commonwealth acting in the Minister’s official capacity, or a government department or public authority of a jurisdiction or the Commonwealth; (d) if the legal costs or the basis on which they will be worked out has been agreed following a tender process; (e) if the client will not be required to pay the legal costs or they will not otherwise be recovered by the law practice; (f) in any circumstances prescribed by regulation. Example for par (e) a law practice acting in a matter on a pro bono basis (2) Despite subsection (1) (a), if a law practice becomes aware that the total legal costs are likely to exceed $1 500 (exclusive of GST) or, if a higher amount is prescribed by regulation, the higher amount, the law practice must disclose the matters in section 269 or section 270 (1) to the client as soon as practicable. (3) A law practice must ensure that a written record of a principal’s decision that further disclosure in a matter is not justified as mentioned in subsection (1) (b) is made and kept with the files relating to the matter. (4) The reaching of a decision mentioned in subsection (3) otherwise than on reasonable grounds can be unsatisfactory professional conduct or professional misconduct on the part of the principal. (5) This section does not affect or take away from a client’s right— (a) to progress reports in accordance with section 278 or section 270 (1); or (b) to obtain reasonable information from the law practice in relation to any of the matters mentioned in section 269 or section 270 (1); or (c) to negotiate a costs agreement with a law practice and to obtain a bill from the law practice.