---
title: "Queensland speculative personal injury costs agreement"
url: "https://ailawframework.com/precedents/costs-billing-and-litigation-funding/qld-speculative-personal-injury-costs-agreement"
type: "precedent"
site: "AI Law Framework"
id: "a42-qld-speculative-personal-injury-costs-agreement"
area_id: "A42"
kind: "agreement"
ai_level: "yellow"
version: 1
task_ids: ["A42-T1-R1", "A42-T1-R2", "A42-PE20261022-2", "A42-PE20261022-19", "A42-PE20261022-24"]
law_stated_as_at: "2026-10-23"
---

# 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.

Canonical page: https://ailawframework.com/precedents/costs-billing-and-litigation-funding/qld-speculative-personal-injury-costs-agreement  
Law stated as at: 2026-10-23

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Agreement. A contract between two or more parties.
- Practice area: [Costs, billing & litigation funding](https://ailawframework.com/precedents/costs-billing-and-litigation-funding.md)
- Jurisdictions: Queensland
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-23
- Status: Maintained. Checked on 2026-10-23 against the 6 authorities it cites, for Queensland.

## 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](https://ailawframework.com/obligations/costs-billing-and-litigation-funding/draft-a-costs-disclosure-from-the-matter-scope-and-the-scale-or-estimate.md)
- [Compare a funding, uplift or common-fund agreement to the current rules](https://ailawframework.com/obligations/costs-billing-and-litigation-funding/compare-a-funding-uplift-or-common-fund-agreement-to-the-current-rules.md)
- [Check a conditional costs agreement for the required content and any uplift cap](https://ailawframework.com/obligations/costs-billing-and-litigation-funding/check-a-conditional-costs-agreement-for-the-required-content-and-any-upl.md)
- [Check a costs agreement is written and does not exclude assessment](https://ailawframework.com/obligations/costs-billing-and-litigation-funding/check-a-costs-agreement-is-written-and-does-not-exclude-assessment.md)
- [Check a costs agreement does not calculate the fee from the outcome](https://ailawframework.com/obligations/costs-billing-and-litigation-funding/check-a-costs-agreement-does-not-calculate-the-fee-from-the-outcome.md)

## 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

## Authorities

- [Legal Profession Act 2007 (Qld) s 308(4) and (5) (disclosure items, including basis, estimate or range, billing, interest, litigious ranges, progress reports, assessment, setting aside, time limits, Queensland law, and corresponding-law rights)](https://classic.austlii.edu.au/au/legis/qld/consol_act/lpa2007179/s308.html)
- [Legal Profession Act 2007 (Qld) s 323 (conditional costs agreement: writing, plain language, success, signature, independent advice, cooling-off of not less than 5 clear business days; not for criminal proceedings or Family Law Act 1975 (Cth) proceedings)](https://classic.austlii.edu.au/au/legis/qld/consol_act/lpa2007179/s323.html)
- [Legal Profession Act 2007 (Qld) s 324 (uplift basis, estimate or range, and in a litigious matter not more than 25% of the legal costs excluding disbursements)](https://classic.austlii.edu.au/au/legis/qld/consol_act/lpa2007179/s324.html)
- [Legal Profession Act 2007 (Qld) s 325 (the amount payable must not be calculated by reference to the award, settlement or property recovered, except so far as an applicable scale is adopted)](https://classic.austlii.edu.au/au/legis/qld/consol_act/lpa2007179/s325.html)
- [Legal Profession Act 2007 (Qld) s 347 (maximum claim-related costs inclusive of GST for a speculative personal injury claim; variables E, R and D; the formula is a graphic in the consolidation opened)](https://classic.austlii.edu.au/au/legis/qld/consol_act/lpa2007179/s347.html)
- [QLS Proctor, 17 April 2023, Reminder for personal injuries practitioners: costs agreements (the section 347 maximum is not the basis for calculating costs)](https://www.qlsproctor.com.au/2023/04/reminder-for-personal-injuries-practitioners-costs-agreements/)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/costs-billing-and-litigation-funding/qld-speculative-personal-injury-costs-agreement and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

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