---
title: "Check a charge against the fair and reasonable costs rule"
url: "https://ailawframework.com/obligations/costs-billing-and-litigation-funding/check-a-charge-against-the-fair-and-reasonable-costs-rule"
type: "task"
site: "AI Law Framework"
id: "A42-PE20261022-25"
practice_area: "Costs, billing & litigation funding"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Check a charge against the fair and reasonable costs rule

> 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…

Canonical page: https://ailawframework.com/obligations/costs-billing-and-litigation-funding/check-a-charge-against-the-fair-and-reasonable-costs-rule  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Costs, billing & litigation funding](https://ailawframework.com/obligations/costs-billing-and-litigation-funding.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 / versions | 1 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Trace relied-on content to independent sources and check for relevant material the output has missed.

- What the AI does: 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 does: 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.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Both limbs of subsection (1) are on the table: proportionately and reasonably incurred, and proportionate and reasonable in amount.
2. Each subsection (2) matter is listed, including the examples of circumstances.
3. The prima facie rule is recorded only with both of its conditions, and is not treated as a conclusion.
4. The note does not say the charge is fair and reasonable.

## Notes

- 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.

## Sources

- [Legal Profession Uniform Law (NSW) s 172, fair and reasonable legal costs](https://classic.austlii.edu.au/au/legis/nsw/consol_act/lpul333/s172.html) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/obligations/costs-billing-and-litigation-funding/check-a-charge-against-the-fair-and-reasonable-costs-rule/united-states.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*