Disclose New South Wales legal costs under the Uniform Law

MaintainedLast reviewed

Key facts

Human involvement
YellowClose supervision
How AI is used
From the scope and the estimate the lawyer names, draft a section 174 disclosure of the basis of charging and the total-costs estimate, and list the rights in section 174(2). Mark any figure the lawyer has not supplied.
What the lawyer must review
  • Give the disclosure when, or as soon as practicable after, instructions
  • Check the estimate and the client's understanding and consent
  • Disclose a significant change, including its impact on the costs payable
Written for / version
New South Wales versionNSWUSNZVICQLD

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 draft section 174 costs disclosure with unset figures marked.

Have ready. Matter scope; Estimate the lawyer names; Firm disclosure precedent.

Example of the limit. Illustrative example: Instructions were taken yesterday and the lawyer has named an estimate. The draft uses that estimate and the section 174 rights. The lawyer checks it before it is given to the client.

Stop and hand it back when

  • The lawyer has not named an estimate.
  • A significant change has occurred and the earlier disclosure is being reused unchanged.

Sources for this task were checked on 2026-10-23.

Who does what

Who does what
RoleWhat they do
AssistanceFrom the scope and the estimate the lawyer names, draft a section 174 disclosure of the basis of charging and the total-costs estimate, and list the rights in section 174(2). Mark any figure the lawyer has not supplied.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Disclose under section 174(1) when or as soon as practicable after instructions are initially given, and again after any significant change.
  2. Include the rights to negotiate a costs agreement and the billing method, to receive a bill and request an itemised bill, and to seek the help of the designated local regulatory authority.
  3. A change disclosure must include enough information about the impact on legal costs for an informed decision about future conduct.
  4. Take all reasonable steps to be satisfied the client has understood and consented to the proposed course of action.

Forms and precedents for this task

Forms and precedents for this task
Form or precedentKindAI useSummary
New matter checklistChecklistAI use YellowChecklist 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 agreementAgreementAI use YellowA Queensland conditional costs agreement for a speculative personal injury claim, where fees are not worked out from the settlement.
Who pays records, experts and barristersLetterAI use YellowA letter saying who pays for records, expert reports and a barrister if the claim fails, and that interest on a disbursement loan is outside D in the Queensland section 347 definition.
Opening costs estimate worksheetChecklistAI use YellowAn internal worksheet for the figures that go into the first costs disclosure.
Disclosure to an associated third party payer, and of another law practiceLetterAI use YellowWritten disclosure to an associated third party payer of the costs that payer must pay, and a separate disclosure to the client of the costs of a barrister or other law practice the firm will retain.
Progress report of legal costs incurredLetterAI use YellowWritten report, given without charge on a reasonable request, of the legal costs incurred to date or since the last bill, with the figures taken from the ledger.

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

Sources

Section 177 is a further disclosure if the matter later settles. It is not a substitute for section 174.

The client receives this disclosure. Practice Note SC Gen 23 applies if a court document is later prepared from the same file.

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