Letter · Costs, billing & litigation funding

Notice to client of a significant change in legal costs (Uniform Law s 174(1)(b))

Letter that updates the client in writing when the scope, basis or likely total of legal costs changes significantly, explains the impact, sets out options and seeks instructions and consent.

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 on 17 October 2026 against the 4 authorities it cites, for New South Wales, Victoria and Western Australia.
Version
1
Source
Written for this library

When to use it

Send as soon as practicable after a significant change to anything previously disclosed, including the estimate, rates, staffing, scope, a decision to brief counsel, or a client restriction on AI use. Use the alternative opening where costs will now exceed the $750 or $3,000 threshold.

How AI may be used

AI can compare the original disclosure with current recorded time and the lawyer's revised plan and draft the update, but the lawyer decides the revised estimate and options.

AI may

  • Compare the last disclosure with time and disbursements recorded to date and summarise the variance by stage.
  • Draft the letter from the lawyer's revised estimate and listed options.
  • Flag where the matter is approaching or has crossed a disclosure threshold.

AI must not

  • Must not set the revised estimate or recommend an option to the client.
  • Must not minimise or omit the reasons for the increase.
  • Must not send the letter.

The lawyer checks

  • The impact information is enough for the client to make an informed decision about the future conduct of the matter (s 174(2)(b)).
  • The letter goes before further significant costs are incurred.
  • The client's instructions and consent are recorded on the file.

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

Authorities

Read the full text

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