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Legal Profession Act 2006
281Interest on unpaid legal costs
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281 Interest on unpaid legal costs
(1) A law practice may charge interest on unpaid legal costs if the costs
are unpaid for 30 days or longer after the day the practice gave a bill
for the costs in accordance with this part.
A law practice gives a client a bill for costs on 1 May 2008. The bill remains unpaid
on 1 June 2008, that is, for longer than 30 days after the day the practice gave the
client the bill. The law practice may charge interest on those costs for the period
that the costs remain unpaid, beginning on 2 May 2008.
(2) A law practice may also charge interest on unpaid legal costs in
accordance with a costs agreement.
(3) A law practice must not charge interest on unpaid legal costs under
subsection (1) or (2) unless the bill for the costs states—
(a) that interest is payable on unpaid costs; and
(b) the rate of interest; and
(c) for interest payable in accordance with a costs agreement—that
the interest is payable under the agreement.
(4) Interest charged under subsection (1) or (2) must not exceed—
(a) if a rate is prescribed by regulation—that rate; or
(b) if a rate is not prescribed by regulation—the rate applying under
the Court Procedures Rules 2006, schedule 2, part 2.2 (Interest
after judgment).
(5) Subsection (1) applies to a bill of costs given in the form of a lump
sum bill even if the client later requests or is later given an itemised
bill.
Note A person may request an itemised bill not later than 90 days after the
person receives a lump sum bill (see s 292).