---
title: "Disclose a New South Wales disbursement funding arrangement with the costs agreement"
url: "https://ailawframework.com/obligations/costs-billing-and-litigation-funding/disclose-a-disbursement-funding-arrangement-with-the-costs-agreement/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A42-CS20261023-9-NSW"
practice_area: "Costs, billing & litigation funding"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Disclose a New South Wales disbursement funding arrangement with the costs agreement

> From the facility the lawyer marks, draft the disclosure of the disbursements, the interest or premium, and whether disbursements are payable if the claim fails. Do not invent a statutory cap. Do not send it.

Canonical page: https://ailawframework.com/obligations/costs-billing-and-litigation-funding/disclose-a-disbursement-funding-arrangement-with-the-costs-agreement/new-south-wales  
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 facility the lawyer marks, draft the disclosure of the disbursements, the interest or premium, and whether disbursements are payable if the claim fails. Do not invent a statutory cap. Do not send it. |
| What the lawyer must review | Settle the disclosure and any contract the client signs. State the interest or premium from the facility, not from an assumed cap. Keep disbursements outside the 25 per cent uplift. Say if they remain payable when the claim fails. |
| Written for | New South Wales |
| Applies to | [Disclose a disbursement funding arrangement with the costs agreement](https://ailawframework.com/obligations/costs-billing-and-litigation-funding/disclose-a-disbursement-funding-arrangement-with-the-costs-agreement.md) |

## Checking plan

**New South Wales funding disclosure**

The tool drafts the disclosure from the facility. The lawyer does not add a cap that was not opened.

- What the AI does: From the facility the lawyer marks, draft the disclosure of the disbursements, the interest or premium, and whether disbursements are payable if the claim fails. Do not invent a statutory cap. Do not send it.
- What the lawyer does: Check the facility and approve the disclosure before the client signs.
- 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(6) allows disbursements to be payable irrespective of the outcome.
2. Section 182 excludes disbursements from the uplift cap.
3. No statute regulating a disbursement funder, and no cap that treats the funder's interest as an additional amount, was in the pages opened.
4. The disclosure uses the interest or premium the lawyer marks.

## Notes

- Do not copy a half-of-settlement treatment of funding interest. That rule was not in the New South Wales pages opened.
- Keep medical details in the firm's system. Apply ASCR rule 9 and APP 11, and check whether a Privacy Act 1988 (Cth) breach is notifiable.

## Practical guide

Jurisdiction: New South Wales. A disbursement funding disclosure given with a Uniform Law costs agreement.

**Deliverable**: A funding disclosure for the lawyer to settle.

**Inputs**

- Facility terms marked by the lawyer
- Whether disbursements are payable if the claim fails

**Example**: Illustrative example: The draft caps the lender's premium at a percentage of the settlement. The lawyer deletes the cap. No such cap was opened.

**Stop and escalate when**

- A statutory cap on the premium is stated.
- The premium in the draft does not match the facility.

Checked 2026-10-23.

## Sources

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

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