Disclose Queensland legal costs under section 308
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the scope and the figures the lawyer names, draft a section 308 disclosure of the basis of charging, whether a scale applies, and an estimate or a range of estimates, and mark any item the lawyer has not supplied. Do not decide whether the threshold is met.
- What the lawyer must review
- Decide whether section 308 applies, or whether a section 307B disclosure is enough
- Check the estimate or the range and the major variables
- Give notice of any substantial change under section 315
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 Act 2007 (Qld)
Produce. A draft section 308 disclosure with unset figures marked.
Have ready. Matter scope; Estimate or range the lawyer names; Lawyer's decision on which disclosure section applies.
Example of the limit. Illustrative example: The lawyer says the matter will exceed the detailed disclosure threshold and names a range. The draft sets out the range and the major variables the lawyer has written. It does not invent the threshold amount.
Stop and hand it back when
- The lawyer has not decided whether section 308 or section 307B applies.
- The estimate and the range are both missing.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the scope and the figures the lawyer names, draft a section 308 disclosure of the basis of charging, whether a scale applies, and an estimate or a range of estimates, and mark any item the lawyer has not supplied. Do not decide whether the threshold is met. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Section 308 applies if total legal costs, excluding disbursements and exclusive of GST, are likely to exceed the detailed disclosure threshold, and also in the further case the section states where no section 307B disclosure is made.
- Disclose the basis of charging and whether a scale applies, the client's rights to negotiate a costs agreement, receive a bill, request an itemised bill, and be notified under section 315 of a substantial change.
- Give an estimate of total legal costs if reasonably practicable. If not, give a range and explain the major variables.
- Do not state a dollar threshold. The section uses the defined threshold amounts. The lawyer checks the current figure.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| New matter checklist | Checklist | AI use 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 | Agreement | AI use Yellow | A Queensland conditional costs agreement for a speculative personal injury claim, where fees are not worked out from the settlement. |
| Who pays records, experts and barristers | Letter | AI use Yellow | A 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 worksheet | Checklist | AI use Yellow | An internal worksheet for the figures that go into the first costs disclosure. |
| Disclosure to an associated third party payer, and of another law practice | Letter | AI use Yellow | Written 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 incurred | Letter | AI use Yellow | Written 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
- Legal Profession Act 2007 (Qld) s 308, detailed disclosure of costs to clients · 2026-10-23
- Legal Profession Act 2007 (Qld) s 312, additional disclosure before settlement · 2026-10-23
A speculative personal injury matter may also engage section 347. That cap is checked in the conditional-costs task, not by copying it into every disclosure.
The client receives this disclosure. It is not a court document.