sec.319On what basis are legal costs recoverable

### sec.319 On what basis are legal costs recoverable Subject to division 2 , legal costs are recoverable— under a costs agreement made under division 5 or the corresponding provisions of a corresponding law; or if paragraph (a) does not apply—under the applicable scale of costs; or if neither paragraph (a) nor (b) applies—according to the fair and reasonable value of the legal services provided. See section 341 (2) for the criteria that are to be applied on a costs assessment to decide whether legal costs are fair and reasonable. Subsection (1) does not apply in relation to the recovery of legal costs for work by a barrister retained, before the relevant day, to perform that work. In this section— relevant day means the day that is 6 months after the day of commencement of this section. (sec.319-ssec.1) Subject to division 2 , legal costs are recoverable— under a costs agreement made under division 5 or the corresponding provisions of a corresponding law; or if paragraph (a) does not apply—under the applicable scale of costs; or if neither paragraph (a) nor (b) applies—according to the fair and reasonable value of the legal services provided. See section 341 (2) for the criteria that are to be applied on a costs assessment to decide whether legal costs are fair and reasonable. (sec.319-ssec.2) Subsection (1) does not apply in relation to the recovery of legal costs for work by a barrister retained, before the relevant day, to perform that work. (sec.319-ssec.3) In this section— relevant day means the day that is 6 months after the day of commencement of this section. - (a) under a costs agreement made under division 5 or the corresponding provisions of a corresponding law; or - (b) if paragraph (a) does not apply—under the applicable scale of costs; or - (c) if neither paragraph (a) nor (b) applies—according to the fair and reasonable value of the legal services provided. Note for paragraph (c) — See section 341 (2) for the criteria that are to be applied on a costs assessment to decide whether legal costs are fair and reasonable.