Check a charge against the fair and reasonable costs rule
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Set the proposed charge beside the section 172 matters and leave each one for the lawyer: whether the costs are no more than fair and reasonable, proportionately and reasonably incurred, and proportionate and reasonable in amount; and whether they reasonably reflect the skill, experience, specialisation and seniority of the lawyers, the complexity, novelty or difficulty and any public interest, the labour and responsibility, the circumstances including urgency, time spent, the time and place business was transacted, and the number and importance of documents, the quality of the work, and the retainer and instructions. Record that regard must also be had to conformity with this Part, the Uniform Rules and any fixed costs legislative provisions. If the lawyer says disclosure was complied with and the costs agreement does not contravene Division 4, record the prima facie evidence rule. Do not conclude that the charge is fair.
- What the lawyer must review
- The lawyer decides whether the charge is no more than fair and reasonable. The prima facie rule is applied only if the lawyer is satisfied of both conditions.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Both limbs of subsection (1) are on the table: proportionately and reasonably incurred, and proportionate and reasonable in amount.
- Each subsection (2) matter is listed, including the examples of circumstances.
- The prima facie rule is recorded only with both of its conditions, and is not treated as a conclusion.
- The note does not say the charge is fair and reasonable.
Sources
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.