Agreement · Costs, billing & litigation funding
Queensland speculative personal injury costs agreement
A Queensland conditional costs agreement for a speculative personal injury claim, where fees are not worked out from the settlement. The section 347 maximum is calculated by the lawyer from the current formula.
- Kind
- Agreement. A contract between two or more parties.
- Where it applies
- Queensland
- 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 6 authorities it cites, for Queensland.
- Version
- 1
- Source
- Written for this library
When to use it
Use when a Queensland practice will act in a speculative personal injury claim and be paid only if the defined outcome occurs. Do not use it in Victoria or New South Wales. The library already has a Uniform Law conditional agreement, and that agreement is not this Queensland form.
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
- Check a conditional costs agreement for the required content and any uplift cap
- Check a costs agreement is written and does not exclude assessment
- Check a costs agreement does not calculate the fee from the outcome
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 lay out this Queensland agreement with the client's name, the success definition and the rates the lawyer has already chosen, and it must not turn the fee into a share of the settlement or fill the section 347 formula.
AI may
- Insert the client's name, the matter description and the rates or scale the lawyer has written on the file
- Leave every dollar estimate, uplift percentage and time limit blank until the lawyer fills it
- Point the client to the cooling-off period and to the right to seek independent legal advice
AI must not
- Must not calculate any part of the amount payable by reference to the award, the settlement or the property recovered
- Must not treat half the settlement, or 50% of the amount recovered, as the fee
- Must not write a formula for section 347, because the formula in the consolidation that was opened is a graphic and was not readable
- Must not copy the Uniform Law belief test into this agreement as if it were section 324
- Must not insert a time limit for costs assessment or for setting the agreement aside
- Must not add a statutory declaration, and must not name a person who is not the client
The lawyer checks
- The matter is a speculative personal injury claim as the Act uses that term. Section 347 does not set the definition out. Read the definition before the client signs
- Success is defined in plain words. The uplift, if any, is separately identified, estimated, and not more than 25% of the legal costs excluding disbursements
- The agreement is in writing, in clear plain language, and signed by the client. It states the right to seek independent legal advice and a cooling-off period of not less than 5 clear business days
- Nothing in the agreement removes costs assessment under division 7 or an application to set the agreement aside under section 328
- Claim-related costs inclusive of GST are checked against the current section 347 formula before any request for payment. A greater amount needs written approval
- The client understood and the figures are the lawyer's. Keep the signed agreement in the firm's system
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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- Disclosure of costs before a settlement is signed
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- Engagement and costs agreement clauses: AI use, client consent and charging for AI-assisted work
- Who pays records, experts and barristers
- Worksheet before a personal injury costs update
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- Worksheet comparing a draft bill with the costs disclosure
- Record of the client's response to a costs update
- Notice of objection to a costs statement (UCPR Form 61)
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- Letter when a flat fee should change because a tool did the work (United States)
- Disclosure to an associated third party payer, and of another law practice
- Cooling-off letter for a conditional costs agreement
- Summons for gross sum costs (Supreme Court Costs Court)
- Notice to client of a significant change in legal costs (Uniform Law s 174(1)(b))
- VCAT legal practice list application (civil disputes)
- Letter when the retainer ends
- Litigation funding agreement review checklist (including class actions)
- Progress report of legal costs incurred
- Queensland speculative personal injury costs cap worksheet
All precedents for Costs, billing & litigation funding · Tasks and AI use in this area