---
title: "Draft a New South Wales conditional costs agreement for a personal injury claim"
url: "https://ailawframework.com/obligations/costs-billing-and-litigation-funding/draft-a-no-win-no-fee-costs-agreement-for-a-personal-injury-claim/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A42-CS20261023-1-NSW"
practice_area: "Costs, billing & litigation funding"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Draft a New South Wales conditional costs agreement for a personal injury claim

> From the scope and estimates the lawyer marks, draft a conditional costs agreement that states the successful outcome, a cooling-off period of not less than 5 clear business days, any uplift, and whether disbursements…

Canonical page: https://ailawframework.com/obligations/costs-billing-and-litigation-funding/draft-a-no-win-no-fee-costs-agreement-for-a-personal-injury-claim/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 scope and estimates the lawyer marks, draft a conditional costs agreement that states the successful outcome, a cooling-off period of not less than 5 clear business days, any uplift, and whether disbursements are payable if the claim fails. If the lawyer marks a statutory benefits claim, do not promise a fee the Act says cannot be recovered. Do not send it. |
| What the lawyer must review | Settle the successful outcome, the uplift and the disbursement clause. Do not calculate the fee from the amount recovered. On a statutory benefits claim, check that the regulated maximum prevails. Say whether disbursements stay payable if the claim fails. |
| Written for | New South Wales |
| Applies to | [Draft a no win no fee costs agreement for a personal injury claim](https://ailawframework.com/obligations/costs-billing-and-litigation-funding/draft-a-no-win-no-fee-costs-agreement-for-a-personal-injury-claim.md) |

## Checking plan

**New South Wales conditional agreement**

The tool drafts the Uniform Law agreement. The lawyer checks any statutory-benefits maximum before the client signs.

- What the AI does: From the scope and estimates the lawyer marks, draft a conditional costs agreement that states the successful outcome, a cooling-off period of not less than 5 clear business days, any uplift, and whether disbursements are payable if the claim fails. If the lawyer marks a statutory benefits claim, do not promise a fee the Act says cannot be recovered. Do not send it.
- What the lawyer does: Settle the agreement and decide whether a regulated maximum overrides it.
- 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. Cooling-off is not less than 5 clear business days, unless the agreement is between law practices only.
2. In a litigious matter, any uplift does not exceed 25 per cent of the legal costs excluding disbursements.
3. The fee is not calculated from the award or settlement, unless section 183(2) applies.
4. Where section 8.3 of the Motor Accident Injuries Act 2017 applies, section 8.3(6) prevails over the legal costs legislation to the extent of the inconsistency.

## Notes

- No sophisticated-client exception to cooling-off was in the Uniform Law section opened. The exception opened is an agreement between law practices only.
- Conditional costs agreements are not available for criminal proceedings or proceedings under the Family Law Act 1975 (Cth).
- 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 personal injury retainer under the Legal Profession Uniform Law, and a statutory benefits claim where that Act applies.

**Deliverable**: A conditional costs agreement for a New South Wales personal injury claim, ready for the lawyer to settle.

**Inputs**

- Scope and estimates marked by the lawyer
- Whether the claim is for statutory benefits
- Whether an uplift is proposed

**Example**: Illustrative example: The draft promises ordinary solicitor-client fees on a statutory benefits dispute that the regulation does not authorise. The lawyer removes that promise before the agreement is sent.

**Stop and escalate when**

- The draft promises costs on a statutory benefits matter that section 8.3 says cannot be recovered.
- The fee is calculated from the settlement.

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)
- [Legal Profession Uniform Law (NSW) s 183, contingency fees prohibited](https://classic.austlii.edu.au/au/legis/nsw/consol_act/lpul333/s183.html) (checked 2026-10-23)
- [Motor Accident Injuries Act 2017 (NSW) s 8.3, maximum costs](https://www7.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol_act/maia2017245/s8.3.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.*