---
title: "Draft a Queensland 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/queensland"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A42-CS20261023-1-QLD"
practice_area: "Costs, billing & litigation funding"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["QLD"]
last_reviewed: "2026-10-25"
---

# Draft a Queensland conditional costs agreement for a personal injury claim

> From the scope and estimates the lawyer marks, draft a conditional costs agreement under the Legal Profession Act 2007 that states the successful outcome, the cooling-off period, 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/queensland  
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 under the Legal Profession Act 2007 that states the successful outcome, the cooling-off period, any uplift, and whether disbursements are payable if the claim fails. Leave room for the speculative-claim cap. Do not send it. |
| What the lawyer must review | Settle the successful outcome, and whether a sophisticated-client exception applies. If fees are discounted, test the 25 per cent uplift on the undiscounted fees. Leave room for the speculative personal injury cap. Say whether disbursements stay payable if the claim fails. |
| Written for | Queensland |
| 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

**Queensland conditional agreement**

The tool drafts the agreement. The lawyer settles the Act 2007 terms, including the cap, before the client signs.

- What the AI does: From the scope and estimates the lawyer marks, draft a conditional costs agreement under the Legal Profession Act 2007 that states the successful outcome, the cooling-off period, any uplift, and whether disbursements are payable if the claim fails. Leave room for the speculative-claim cap. Do not send it.
- What the lawyer does: Decide the successful outcome, any sophisticated-client exception and the uplift base, and approve the agreement.
- 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. The agreement is in writing and in clear plain language, and it states the successful outcome.
2. The client signs, the independent-advice statement is included, and cooling-off is not less than 5 clear business days, unless section 323(4) applies.
3. Any uplift on a litigious matter is not more than 25 per cent of the legal costs excluding disbursements, measured on undiscounted fees if the practice discounts.
4. The fee is not a contingency fee. The Legal Services Commission states the maximum penalty is 100 penalty units, with no recovery and a duty to repay.

## Notes

- Section 323(4) removes the signature, independent-advice statement and cooling-off requirements for a sophisticated client, and for an agreement of the kind in section 322(1)(c). That section 322 kind was not opened, so it is not described.
- A speculative personal injury claim is also subject to section 347. This draft does not calculate that cap.
- Keep medical details in the firm's system. Apply the confidentiality duty and APP 11, and check whether a Privacy Act 1988 (Cth) breach is notifiable.

## Practical guide

Jurisdiction: Queensland. A personal injury retainer under the Legal Profession Act 2007.

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

**Inputs**

- Scope and estimates marked by the lawyer
- Whether the client is a sophisticated client
- Whether the claim is speculative

**Example**: Illustrative example: The practice discounts its hourly rates and then adds 25 per cent. The lawyer recalculates the uplift on the undiscounted fees, as section 324(5) requires.

**Stop and escalate when**

- The draft calculates the fee from the amount recovered.
- Cooling-off is omitted and the lawyer has not found that section 323(4) applies.

Checked 2026-10-23.

## Sources

- [Legal Profession Act 2007 (Qld) s 323, conditional costs agreements](https://www5.austlii.edu.au/au/legis/qld/consol_act/lpa2007179/s323.html) (checked 2026-10-23)
- [Legal Profession Act 2007 (Qld) s 324, uplift fees](https://www5.austlii.edu.au/au/legis/qld/consol_act/lpa2007179/s324.html) (checked 2026-10-23)
- [Legal Profession Act 2007 (Qld) s 347, speculative personal injury claims](https://www5.austlii.edu.au/au/legis/qld/consol_act/lpa2007179/s347.html) (checked 2026-10-23)
- [Legal Services Commission (Qld), costs disclosure and costs agreements](https://www.lsc.qld.gov.au/for-the-profession/policies-and-guidelines/costs-disclosure-and-costs-agreements) (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.*