114Unjust costs agreements

#### 114 Unjust costs agreements 114 Unjust costs agreements > > (1) The Commission may determine whether a term of a particular costs agreement entered into by a law practice and a client is unjust in the circumstances relating to it at the time it was made. > > > (2) For that purpose, the Commission is to have regard to the public interest and to all the circumstances of the case and may have regard to the matters specified in section 172 of the [Legal Profession Uniform Law (NSW)](/view/html/inforce/current/act-2014-16a). > > > (3) For the purposes of this clause, a person is taken to have represented another person if the person represented the other person, or assisted the other person to a significant degree, in the negotiations process up to, or at, the time the agreement was made. > > > (4) In determining whether a provision of the agreement is unjust, the Commission is not to have regard to any injustice arising from circumstances that were not reasonably foreseeable when the agreement was made. > > **cll 112–115:** Am 2020 (744), Sch 3\[13\].