---
title: "Check a Queensland conditional costs agreement, uplift and section 347 cap"
url: "https://ailawframework.com/obligations/costs-billing-and-litigation-funding/check-a-conditional-costs-agreement-for-the-required-content-and-any-upl/queensland"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A42-PE20261022-2-QLD"
practice_area: "Costs, billing & litigation funding"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["QLD"]
last_reviewed: "2026-10-25"
---

# Check a Queensland conditional costs agreement, uplift and section 347 cap

> From the draft, mark writing, plain language, the successful outcome, the client's signature, the independent-advice statement, cooling-off of at least five clear business days, and any uplift as a percentage of legal…

Canonical page: https://ailawframework.com/obligations/costs-billing-and-litigation-funding/check-a-conditional-costs-agreement-for-the-required-content-and-any-upl/queensland  
Last reviewed: 2026-10-25

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 | From the draft, mark writing, plain language, the successful outcome, the client's signature, the independent-advice statement, cooling-off of at least five clear business days, and any uplift as a percentage of legal costs excluding disbursements, using only the lawyer's figures for E, R and D. Do not apply the section 347 formula or decide that the uplift is permitted. |
| What the lawyer must review | Decide whether a conditional agreement is allowed, and whether the client is a sophisticated client Cap any litigious uplift at 25 per cent under section 324 For a speculative personal injury claim, check the section 347 maximum before the fee is agreed |
| Written for | Queensland |
| Applies to | [Check a conditional costs agreement for the required content and any uplift cap](https://ailawframework.com/obligations/costs-billing-and-litigation-funding/check-a-conditional-costs-agreement-for-the-required-content-and-any-upl.md) |

## Checking plan

**Verify against sources**

Sections 323 and 324 set the form and the 25 per cent uplift cap. Section 347 then caps claim-related costs in a speculative personal injury claim.

- What the AI does: From the draft, mark writing, plain language, the successful outcome, the client's signature, the independent-advice statement, cooling-off of at least five clear business days, and any uplift as a percentage of legal costs excluding disbursements, using only the lawyer's figures for E, R and D. Do not apply the section 347 formula or decide that the uplift is permitted.
- What the lawyer does: The lawyer decides whether sections 323, 324 and 347 are met and settles the agreement.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. Section 323 excludes criminal proceedings and Family Law Act 1975 proceedings. Signature, the independent-advice statement and cooling-off do not apply to a sophisticated client or to an agreement of the kind in section 322(1)(c).
2. Section 324: the uplift basis must be identified separately. A litigious uplift must not exceed 25 per cent of the legal costs, excluding disbursements, otherwise payable. If fees are discounted, the reference is to the undiscounted fees.
3. Section 347 caps claim-related costs, inclusive of GST, at the formula amount. The official formula image is (E minus (R plus D)) multiplied by 0.5. E, R and D are defined in the section.
4. A greater amount needs a written application to the bar association if the practice is a barrister, otherwise to the law society. The section notes the Motor Accident Insurance Act 1994 section 79 and the Personal Injuries Proceedings Act 2002 section 71E.

## Notes

- Section 347 is an upper limit. It is not a method for calculating the fee.
- The client signs the agreement. Do not treat the formula image as a substitute for reading the defined terms of E, R and D.

## Practical guide

Jurisdiction: Legal Profession Act 2007 (Qld)

**Deliverable**: A marked-up conditional costs agreement and a section 347 worksheet with the lawyer's figures.

**Inputs**

- Draft agreement
- Lawyer's E, R and D figures if the claim is speculative personal injury
- Whether the client is a sophisticated client

**Example**: Illustrative example: The draft uplift is 25 per cent of professional fees. The worksheet records that figure and leaves E, R and D blank until the lawyer supplies them. It does not treat half of a guessed settlement as the agreed fee.

**Stop and escalate when**

- The claim is speculative personal injury and E, R and D have not been considered.
- The uplift exceeds 25 per cent of legal costs excluding disbursements.

Checked 2026-10-23.

## Sources

- [Legal Profession Act 2007 (Qld) s 323, conditional costs agreements](https://classic.austlii.edu.au/au/legis/qld/consol_act/lpa2007179/s323.html) (checked 2026-10-23)
- [Legal Profession Act 2007 (Qld) s 324, conditional costs agreements involving uplift fees](https://classic.austlii.edu.au/au/legis/qld/consol_act/lpa2007179/s324.html) (checked 2026-10-23)
- [Legal Profession Act 2007 (Qld) s 347, maximum for a speculative personal injury claim](https://classic.austlii.edu.au/au/legis/qld/consol_act/lpa2007179/s347.html) (checked 2026-10-23)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [New matter checklist](https://ailawframework.com/precedents/personal-injury-and-compensation/firm-new-matter-checklist.md) | Checklist | Yellow | Checklist for opening a plaintiff injury file: identity, conflicts, the diary, costs disclosure, authorities, and consent before health records go into a tool. |
| [Queensland speculative personal injury costs agreement](https://ailawframework.com/precedents/costs-billing-and-litigation-funding/qld-speculative-personal-injury-costs-agreement.md) | Agreement | Yellow | A Queensland conditional costs agreement for a speculative personal injury claim, where fees are not worked out from the settlement.… |
| [Cooling-off letter for a conditional costs agreement](https://ailawframework.com/precedents/costs-billing-and-litigation-funding/conditional-costs-cooling-off-letter.md) | Letter | Yellow | A letter telling the client they can end a conditional costs agreement by written notice in a cooling-off period of at least five clear business days, and what may be charged if they do. |
| [Letter when the retainer ends](https://ailawframework.com/precedents/costs-billing-and-litigation-funding/letter-when-the-retainer-ends.md) | Letter | Yellow | A letter when the firm stops acting, setting out any costs still sought. Cooling-off recovery is limited to the services the section allows, with no uplift, and the letter claims no lien. |

Signed-in accounts can read the full text of each one.

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