sec.322Making costs agreements

### sec.322 Making costs agreements A costs agreement may be made between— a client and a law practice retained by the client; or a client and a law practice retained on behalf of the client by another law practice; or a law practice and another law practice that retained that law practice on behalf of a client; or a law practice and an associated third party payer. The costs agreement must be written or evidenced in writing. The costs agreement may consist of a written offer under subsection (4) that is accepted in writing or by other conduct. Acceptance by other conduct is not permitted for conditional costs agreements—see section 323 (3) (c) (i) . The offer must clearly state— that it is an offer to enter into a costs agreement; and that the offer can be accepted in writing or by other conduct; and the type of conduct that will constitute acceptance. Except as provided by section 344 , a costs agreement can not provide that the legal costs to which it relates are not subject to costs assessment under division 7 . Under section 327 (1) , if a costs agreement attempts to provide that the legal costs are not subject to a costs assessment, the costs agreement will be void. A reference in section 328 , or in a provision of this part prescribed under a regulation, to a client is, in relation to a costs agreement that is entered into between a law practice and an associated third party payer as mentioned in subsection (1) (d) and to which a client of the law practice is not a party, a reference to the associated third party payer. (sec.322-ssec.1) A costs agreement may be made between— a client and a law practice retained by the client; or a client and a law practice retained on behalf of the client by another law practice; or a law practice and another law practice that retained that law practice on behalf of a client; or a law practice and an associated third party payer. (sec.322-ssec.2) The costs agreement must be written or evidenced in writing. (sec.322-ssec.3) The costs agreement may consist of a written offer under subsection (4) that is accepted in writing or by other conduct. Acceptance by other conduct is not permitted for conditional costs agreements—see section 323 (3) (c) (i) . (sec.322-ssec.4) The offer must clearly state— that it is an offer to enter into a costs agreement; and that the offer can be accepted in writing or by other conduct; and the type of conduct that will constitute acceptance. (sec.322-ssec.5) Except as provided by section 344 , a costs agreement can not provide that the legal costs to which it relates are not subject to costs assessment under division 7 . Under section 327 (1) , if a costs agreement attempts to provide that the legal costs are not subject to a costs assessment, the costs agreement will be void. (sec.322-ssec.6) A reference in section 328 , or in a provision of this part prescribed under a regulation, to a client is, in relation to a costs agreement that is entered into between a law practice and an associated third party payer as mentioned in subsection (1) (d) and to which a client of the law practice is not a party, a reference to the associated third party payer. - (a) a client and a law practice retained by the client; or - (b) a client and a law practice retained on behalf of the client by another law practice; or - (c) a law practice and another law practice that retained that law practice on behalf of a client; or - (d) a law practice and an associated third party payer. - (a) that it is an offer to enter into a costs agreement; and - (b) that the offer can be accepted in writing or by other conduct; and - (c) the type of conduct that will constitute acceptance.