Disclose New South Wales costs before a settlement is executed
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the figures the lawyer supplies, assemble the section 177 estimates of the client's legal costs if the matter settles, including another party's costs the client is to pay, and of likely contributions, and record the exception where another practice retains this one. Do not draft the settlement.
- What the lawyer must review
- Decide the estimates and whether the matter is litigious
- Apply the section 177(2) exception only if the other practice will disclose before execution
- See that this disclosure is given before the settlement is executed
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Legal Profession Uniform Law (NSW)
Produce. A section 177 disclosure note using only the lawyer's figures.
Have ready. Lawyer's estimates; Whether another practice retains this practice; Proposed execution date.
Example of the limit. Illustrative example: The lawyer supplies both estimates the day before a deed is to be signed. The note sets them out and records that they must reach the client before execution. It does not draft the deed.
Stop and hand it back when
- One of the two estimates is missing.
- Execution is arranged before the disclosure is given.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the figures the lawyer supplies, assemble the section 177 estimates of the client's legal costs if the matter settles, including another party's costs the client is to pay, and of likely contributions, and record the exception where another practice retains this one. Do not draft the settlement. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Disclose before execution a reasonable estimate of legal costs payable by the client if the matter settles, including another party's costs the client is to pay.
- Disclose a reasonable estimate of contributions towards those costs likely to be received from another party.
- A practice retained by another practice need not disclose if the other practice does so before execution.
- Do not treat this note as the settlement deed or as a court offer.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Matter closure checklist | Checklist | AI use Yellow | Closing a plaintiff injury file: the settlement costs disclosure was given before execution, the bill, scheme steps, tool copies, trust money, and a risk assessment before any destruction. |
| Disclosure of costs before a settlement is signed | Letter | AI use Yellow | A letter giving the two costs estimates before a settlement of a litigious matter is signed, under the Uniform Law or the Queensland Act. |
| Queensland speculative personal injury costs cap worksheet | Checklist | AI use Yellow | A Queensland worksheet for the section 347 maximum on claim-related costs. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Legal Profession Uniform Law s 177, disclosure before settlement of a litigious matter · 2026-10-23
- Legal Profession Uniform Law s 174, disclosure obligations of a law practice · 2026-10-23
Section 174 disclosure should already have been given. Section 177 is additional.
The client receives the disclosure. Practice Note SC Gen 23 applies to a later court document, not to this disclosure itself.