Letter · Costs, billing & litigation funding
Who pays records, experts and barristers
A letter saying who pays for records, expert reports and a barrister if the claim fails, and that interest on a disbursement loan is outside D in the Queensland section 347 definition.
- Kind
- Letter. A letter or email you adapt and send.
- Where it applies
- Victoria, Queensland, New South Wales
- AI use
- Yellow You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at
- 23 October 2026
- Status
- Maintained. Checked on 23 October 2026 against the 4 authorities it cites, for Victoria, Queensland and New South Wales.
- Version
- 1
- Source
- Written for this library
When to use it
Use with the costs agreement when the practice or the client will incur fees for records, experts or a barrister. Do not use it to describe a litigation funder's commission. No funding statute was opened for this letter.
Used for these tasks
- Draft a costs disclosure from the matter scope and the scale or estimate
- Compare a funding, uplift or common-fund agreement to the current rules
Each task page says how far AI may help with the task and what the lawyer must review.
How AI may be used
The tool may list the disbursements the lawyer expects and who the agreement says will pay them if the claim fails, and it must not invent a funding scheme or treat loan interest as part of D.
AI may
- List record fees, expert fees and barristers' fees from invoices or written estimates already on the file
- Repeat the disbursement clause the lawyer has chosen in the costs agreement
- State that interest on a disbursement loan is not part of D, using the example in section 347
AI must not
- Must not say the client must fund disbursements, or that the firm must carry them, unless the costs agreement says so
- Must not describe interest on a loan as falling within D
- Must not set out a litigation funding commission, a common-fund order or a statutory funding regime
- Must not decide whether a barrister's fee is inside D. The definitions decide that, and the lawyer applies them
The lawyer checks
- Clause 5 of the Queensland agreement, or the matching clause of the Uniform Law agreement, says the same thing as this letter about payment if the claim fails
- Each amount is a real estimate or invoice. A blank stays blank
- In Queensland, D, legal costs and additional amounts are classified on the cap worksheet before the client is told an amount sits outside the cap
- No funder is mentioned unless the lawyer has a separate document for that funder
- The letter is kept in the firm's system. It names providers and can include health information. ASCR r 9 and APP 11 apply. A loss likely to cause serious harm is assessed under the Notifiable Data Breaches scheme
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Read the full text
The full text is available after you log in. It is free. When you log in you can:
- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
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All precedents for Costs, billing & litigation funding · Tasks and AI use in this area