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

# Draft a Victorian 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/victoria  
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. Do not send it. |
| What the lawyer must review | Settle the agreement the client will sign, including what counts as success. On a litigious matter, keep any uplift at or under 25 per cent of the legal costs, excluding disbursements. Do not calculate the fee from the amount recovered. Say whether disbursements stay payable if the claim fails. |
| Written for | Victoria |
| 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

**Victorian conditional agreement**

The tool drafts the agreement from the lawyer's scope. The lawyer settles every term 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. Do not send it.
- What the lawyer does: Settle the successful outcome, the uplift and the disbursement clause, and approve the agreement before it is sent.
- 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 states the circumstances that constitute a successful outcome, in the words the lawyer adopts.
2. The cooling-off period is not less than 5 clear business days, unless the agreement is between law practices only.
3. On a litigious matter, any uplift does not exceed 25 per cent of the legal costs excluding disbursements. The agreement still identifies the basis of the uplift and includes an estimate, or a range of estimates and the major variables.
4. The fee is not calculated by reference to the award or settlement, unless section 183(2) applies.

## Notes

- The Uniform Law text opened is the New South Wales compilation. The Victorian regulator describes the same uplift cap and the same point that disbursements can remain payable. Do not cite a Victorian section number that was not opened.
- The regulator says cooling-off is at least five business days. Section 181 says not less than 5 clear business days. Use the Act.
- 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: Victoria. A personal injury retainer under the Legal Profession Uniform Law.

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

**Inputs**

- Scope and estimates marked by the lawyer
- Whether an uplift is proposed
- Whether disbursements are payable if the claim fails

**Example**: Illustrative example: The draft sets the fee at 20 per cent of the settlement. The lawyer removes that term. Section 183 prohibits a fee calculated from the award or settlement, unless a fixed costs legislative provision applies.

**Stop and escalate when**

- The draft calculates any part of the fee from the award or settlement and no fixed costs provision applies.
- The cooling-off period is shorter than 5 clear business days and the law-practice exception does not apply.

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)
- [Victorian Legal Services Board and Commissioner, 'no win – no fee' cost agreements](https://lsbc.vic.gov.au/consumers/legal-costs-and-billing/no-win-no-fee-cost-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.*