QLDIn ForceAct
Motor Accident Insurance Act 1994
sec.79Maximum amount of claim-related costs that may be charged and recovered
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### sec.79 Maximum amount of claim-related costs that may be charged and recovered
This section applies if—
a law practice has the conduct of a speculative motor accident claim; and
the Legal Profession Act 2007 , section 347 does not apply to the practice.
The maximum amount of claim-related costs the law practice may charge and recover from a client for work done in relation to the claim can not be more than the amount worked out using the formula stated in the Legal Profession Act 2007 , section 347 (1) .
However, approval to charge and recover a greater amount may be applied for and approved in the way described in the Legal Profession Act 2007 , section 347 (2) to (4) .
This section applies to a barrister only if the barrister has not been retained by another law practice.
This section applies despite anything to the contrary in the costs agreement that relates to the claim.
In this section—
claim-related costs see the Legal Profession Act 2007 , section 347 (8) .
speculative motor accident claim means a claim or potential claim if the right of a law practice to charge and recover legal costs from the client who made the claim for work done is dependent on the client’s success in pursuing the claim.
s 79 prev s 79 om 2019 No. 36 s 14
pres s 79 ins 2019 No. 36 s 15
amd 2022 No. 13 s 38
(sec.79-ssec.1) This section applies if— a law practice has the conduct of a speculative motor accident claim; and the Legal Profession Act 2007 , section 347 does not apply to the practice.
(sec.79-ssec.2) The maximum amount of claim-related costs the law practice may charge and recover from a client for work done in relation to the claim can not be more than the amount worked out using the formula stated in the Legal Profession Act 2007 , section 347 (1) .
(sec.79-ssec.3) However, approval to charge and recover a greater amount may be applied for and approved in the way described in the Legal Profession Act 2007 , section 347 (2) to (4) .
(sec.79-ssec.4) This section applies to a barrister only if the barrister has not been retained by another law practice.
(sec.79-ssec.5) This section applies despite anything to the contrary in the costs agreement that relates to the claim.
(sec.79-ssec.6) In this section— claim-related costs see the Legal Profession Act 2007 , section 347 (8) . speculative motor accident claim means a claim or potential claim if the right of a law practice to charge and recover legal costs from the client who made the claim for work done is dependent on the client’s success in pursuing the claim.
- (a) a law practice has the conduct of a speculative motor accident claim; and
- (b) the Legal Profession Act 2007 , section 347 does not apply to the practice.