Legal costs agreement

1. Before you apply to QCAT

If you have engaged a legal practitioner to provide law services on your behalf you may have a disagreement about the cost agreement you made with them.

You may believe that the cost agreement was not fair or reasonable because, for example:

• you were induced to enter into the agreement and were given misleading or fraudulent information at the time; or
• the solicitor has behaved in an unsatisfactory way in relation to the services outlined in the agreement.

If you wish to have a legal cost agreement set aside, you may apply to the courts or to QCAT.

To make an application to QCAT you must comply with the application requirements in Practice Direction 2 of 2015 – proceedings relating to legal costs agreements under the Legal Profession Act 2007.

This practice direction outlines what information you need in your application, required documents and QCAT's procedure. Before applying, please consider the practice direction and the requirements to apply to QCAT.

2. Complete and lodge this form to review a decision

There is currently no form to make an application to set aside a legal costs agreement.

In line with Rule 10 of the Queensland Civil and Administrative Tribunal Rules 2009 (QCAT Rules) and Practice Direction 2 of 2015 - Proceedings relating to legal costs agreements under the Legal Profession Act 2007 (PD 2 of 2015) if you want to make an application you should do the following:

The form and content of an application to QCAT pursuant to section 328(1A) of the Legal Profession Act 2007 to set aside a cost agreement must comply with rule 10 of the QCAT Rules.

Without limiting the requirements of rule 10 of the QCAT Rules, the application must include:

• Details of the legal costs agreement, and annexing (only if relevant to the dispute) a copy of the agreement the subject of the application
• The grounds upon which the legal costs agreement is sought to be set aside, with reference (where applicable) to the matters referred to in section 328(2) of the Legal Profession Act 2007
• A summary of the facts and any relevant circumstances regarding the making of the agreement and/or dispute regarding the agreement; and
• Orders the applicant is seeking the Tribunal make pursuant to section 328 of the Legal Profession Act 2007.
• The application must be accompanied by two copies of the application and any annexures. An additional copy is required for any additional respondent.
• Your name and contact details and the name and contact details of any other party or legal or other relevant representative should also be included.
• You must then sign the letter.