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

# Check a Victorian conditional costs agreement and uplift

> From the draft agreement, mark writing, plain language, the successful outcome, the client's signature, the independent-advice statement and cooling-off of at least five clear business days, and if there is an uplift…

Canonical page: https://ailawframework.com/obligations/costs-billing-and-litigation-funding/check-a-conditional-costs-agreement-for-the-required-content-and-any-upl/victoria  
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 agreement, mark writing, plain language, the successful outcome, the client's signature, the independent-advice statement and cooling-off of at least five clear business days, and if there is an uplift set out its basis, estimate or range, and percentage of legal costs excluding disbursements. Do not decide that an uplift is permitted. |
| What the lawyer must review | Decide whether a conditional agreement is allowed for this matter For a litigious matter, decide whether a successful outcome is reasonably likely before any uplift Reject an uplift above 25 per cent of the legal costs excluding disbursements |
| Written for | Victoria |
| 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 181 and 182 set the form of a conditional costs agreement and cap a litigious uplift at 25 per cent. The lawyer decides whether the matter can use one.

- What the AI does: From the draft agreement, mark writing, plain language, the successful outcome, the client's signature, the independent-advice statement and cooling-off of at least five clear business days, and if there is an uplift set out its basis, estimate or range, and percentage of legal costs excluding disbursements. Do not decide that an uplift is permitted.
- What the lawyer does: The lawyer decides whether sections 181 and 182 are met and settles the agreement the client will sign.
- 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 181(7) does not allow a conditional costs agreement for criminal proceedings, Family Law Act 1975 proceedings, or proceedings specified in the Uniform Rules. Personal injury is not in that list. The lawyer still checks the rules.
2. The agreement must be in writing and plain language, state the successful outcome, be signed by the client, include the independent-advice statement, and give at least five clear business days to terminate. Cooling-off does not apply to an agreement between law practices only.
3. If the client terminates in the cooling-off period, the practice may recover only the informed work done in that period, and may not recover an uplift.
4. Section 182: in a litigious matter there must be a reasonable belief that a successful outcome is reasonably likely, and the uplift must not exceed 25 per cent of the legal costs excluding disbursements.

## Notes

- Victoria applies the Uniform Law. The text opened is that Law's compilation. There is no Queensland-style section 347 cap in these sections.
- The client signs the agreement. It is not a document filed in court.

## Practical guide

Jurisdiction: Legal Profession Uniform Law as applied in Victoria

**Deliverable**: A marked-up conditional costs agreement for the lawyer to settle.

**Inputs**

- Draft agreement
- Lawyer's description of the successful outcome
- Uplift calculation if one is proposed

**Example**: Illustrative example: A draft for a litigious injury claim states an uplift of 25 per cent of professional fees and five clear business days' cooling-off. The markup records those points and leaves the reasonable-likelihood belief for the lawyer.

**Stop and escalate when**

- The matter may be criminal or under the Family Law Act.
- The uplift is above 25 per cent or is calculated on disbursements.

Checked 2026-10-23.

## Sources

- [Legal Profession Uniform Law s 181, conditional costs agreements](https://classic.austlii.edu.au/au/legis/nsw/consol_act/lpul333/s181.html) (checked 2026-10-23)
- [Legal Profession Uniform Law s 182, conditional costs agreements involving uplift fees](https://classic.austlii.edu.au/au/legis/nsw/consol_act/lpul333/s182.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.*