Disclose Victorian 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 contributions likely to be received, and record that the disclosure is before execution. Do not draft the settlement.
- What the lawyer must review
- Decide the estimates and whether the matter is litigious
- If this practice was retained by another practice, decide whether that practice will make the disclosure
- 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 as applied in Victoria
Produce. A section 177 disclosure note for the client, using only the lawyer's figures.
Have ready. Lawyer's estimate of the client's costs on settlement; Lawyer's estimate of costs recoverable or payable to another party; Whether another law practice retains this practice.
Example of the limit. Illustrative example: The lawyer supplies a costs figure and a party-party contribution. The note sets out both and states that it must be given before execution. It does not draft the release.
Stop and hand it back when
- Either estimate is missing.
- The settlement is about to be executed and the disclosure has not been 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 contributions likely to be received, and record that the disclosure is before execution. 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
- Make the disclosure before the settlement is executed, not after.
- Include a reasonable estimate of the client's legal costs if the matter settles, including another party's costs the client is to pay.
- Include a reasonable estimate of contributions towards those costs likely to be received from another party.
- Section 177(2) removes the duty of a practice retained by another practice if that other practice discloses before execution.
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
Victoria applies the Uniform Law. The text opened is that Law. This disclosure is in addition to section 174.
The client receives the disclosure. The tool does not draft the settlement terms.