The Uniform Law gives you certain rights in relation to a costs agreement. These are:
- The right to negotiate a costs agreement with us;
- The right to negotiate the billing method (for example, by reference to timing or task);
- The right to receive a bill from us;
- The right to request an itemised bill within 30 days of receipt of a lump sum bill or partially itemised bill;
- The right to be notified of any substantial change to anything included in this Disclosure and the Costs Agreement as soon as reasonably practical after we become aware of the change;
- The right to accept or reject any offer we make for an interstate costs law to apply to your matter;
- The right to notify us that you require an interstate costs law to apply to your matter.
- The right on reasonable request to obtain from us a written report of the progress of the matter in which we are retained and of the legal costs incurred by you to date or since the last bill (if any) in the matter;
- The right to apply to the Court to have a costs agreement set aside if it is not fair and reasonable;
- The right to have any bill of costs we give you assessed in accordance with the requirements of the Uniform Law. You must make an application to do this within 12 months of either (1) the bill being given to you, (2) from us requesting payment be made, or (3) your payment of the legal costs, if neither a bill nor a request was made.
- The right to have any bill of costs that has been issued by us assessed even where the bill has been wholly or partly paid;
- The right to seek the assistance of the designated local regulatory authority (the NSW Commissioner) in the event of a dispute about legal costs.
If you request an itemised bill and the total amount of the legal costs specified in it exceeds the amount previously specified in the lump sum bill for the same matter, the additional costs may be recovered by us only if:
(i) when the lump sum bill is given, we inform you in writing that the total amount of the legal costs specified in any itemised bill may be higher than the amount specified in the lump sum bill, and
(ii) the costs are determined to be payable after a costs assessment or after a binding determination under section 292 of the Uniform Law.
Nothing in these terms affects your rights under the Australian Consumer Law.