---
title: "Work out the cap on what may be charged for a speculative personal injury claim"
url: "https://ailawframework.com/obligations/costs-billing-and-litigation-funding/work-out-the-cap-on-what-may-be-charged-for-a-speculative-personal-injur"
type: "task"
site: "AI Law Framework"
id: "A42-CS20261023-2"
practice_area: "Costs, billing & litigation funding"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# Work out the cap on what may be charged for a speculative personal injury claim

> From the judgment or settlement figures, refunds, disbursements and funding charges the lawyer marks, set out the inputs to the statutory cap and the professional fees and uplift proposed.…

Canonical page: https://ailawframework.com/obligations/costs-billing-and-litigation-funding/work-out-the-cap-on-what-may-be-charged-for-a-speculative-personal-injur  
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 judgment or settlement figures, refunds, disbursements and funding charges the lawyer marks, set out the inputs to the statutory cap and the professional fees and uplift proposed. Do not state the amount the client must pay. |
| What the lawyer must review | The lawyer applies the formula and decides what may be charged and recovered. In Queensland, separate claim-related costs from disbursements and from additional amounts. Do not treat a funder's interest as a disbursement if the Act puts it in the cap. Keep medical details in the firm's system. Apply ASCR rule 9, APP 11, and the Privacy Act notifiable-breach test. |
| Written for / versions | 3 jurisdiction versions below |

## Checking plan

**Cap on speculative fees**

The tool lays out the statutory inputs. The lawyer applies the cap and decides the sum that may be charged.

- What the AI does: From the judgment or settlement figures, refunds, disbursements and funding charges the lawyer marks, set out the inputs to the statutory cap and the professional fees and uplift proposed. Do not state the amount the client must pay.
- What the lawyer does: The lawyer applies the formula and decides what may be charged and recovered. In Queensland, separate claim-related costs from disbursements and from additional amounts. Do not treat a funder's interest as a disbursement if the Act puts it in the cap. Keep medical details in the firm's system. Apply ASCR rule 9, APP 11, and the Privacy Act notifiable-breach test.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. In Queensland, E, R and D are taken from the judgment, settlement and invoices, and additional amounts are not put into D.
2. Interest on a disbursement loan recommended or facilitated by the practice is tested as an additional amount under section 347.
3. The proposed professional fees plus uplift are compared with the cap before the client is told a net figure.
4. In Victoria or New South Wales, the tool does not apply the Queensland formula. The lawyer uses the uplift cap and any regulated maximum that applies.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

## Sources

- [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)
- [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)
- [TAC Common Law Protocol 2026, chapter 19, legal costs and disbursements](https://www.tac.vic.gov.au/providers/resources/tac-protocols-tabs/common-law-protocol) (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)
- [Workers Compensation Regulation 2016 (NSW), current contents, costs and advertising](https://legislation.nsw.gov.au/view/html/inforce/current/sl-2016-0559) (checked 2026-10-23)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [New South Wales](https://ailawframework.com/obligations/costs-billing-and-litigation-funding/work-out-the-cap-on-what-may-be-charged-for-a-speculative-personal-injur/new-south-wales.md) | Yellow |
| [Victoria](https://ailawframework.com/obligations/costs-billing-and-litigation-funding/work-out-the-cap-on-what-may-be-charged-for-a-speculative-personal-injur/victoria.md) | Yellow |
| [Queensland](https://ailawframework.com/obligations/costs-billing-and-litigation-funding/work-out-the-cap-on-what-may-be-charged-for-a-speculative-personal-injur/queensland.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*