Letter · Costs, billing & litigation funding

Costs disclosure and costs agreement letter (Uniform Law ss 174 and 180)

Full written costs disclosure for Uniform Law matters likely to exceed $3,000, which also operates as the costs agreement when accepted. Covers scope, basis of charging, estimate, billing, AI use and the client's statutory rights.

Kind
Letter. A letter or email you adapt and send.
Where it applies
New South Wales, Victoria, Western Australia
AI use
Yellow AI can help in set ways. A lawyer checks specific points before use.
Law stated as at
17 October 2026
Status
Maintained. Checked against the cited sources on 17 October 2026.
Version
1
Source
Written for this library

When to use it

Use at the start of any non-commercial Uniform Law matter (NSW, Victoria, WA) where professional fees are likely to exceed $3,000, or when a matter outgrows the standard form. Not for conditional (no win, no fee) arrangements, which need a separate agreement that meets s 181.

How AI may be used

AI can produce a first draft from the scope, the estimate the lawyer has named and this precedent, listing every figure still needing an instruction. The lawyer fixes the estimate, rates and scope and checks the statutory content before it is sent.

AI may

  • Populate the letter from the file note and the lawyer's approved estimate, leaving unresolved figures in brackets.
  • Build the stage-by-stage estimate table from the lawyer's inputs and check the arithmetic and GST.
  • Check the draft against the s 174(2)(a) client-rights list and flag anything missing.

AI must not

  • Must not invent rates, estimates, assumptions or the name of the regulator.
  • Must not convert the letter into a conditional or uplift arrangement, or add any term calculating fees by reference to an award or settlement (s 183).
  • Must not send or e-sign the letter on the practice's behalf.

The lawyer checks

  • The estimate is the lawyer's own, with the main variables stated, and reflects any efficiency from AI-assisted work.
  • The client-rights section, the regulator details and the time limits are current for the state.
  • The file records the steps taken to ensure the client understood and consented (s 174(3)).

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

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