What are Conditional Costs Agreements?
The Act permits Conditional Costs Agreements, whereby the legal costs payable are conditional on the successful outcome of the matter to which the costs relate: section 283. Conditional Costs Agreements are not permitted for: • criminal proceedings, • proceedings that relate to child protection, custody, guardianship or adoption, • proceedings under the Family Court Act 1997, • proceedings under the Children and Community Services Act 2004; • proceedings under the Family Law Act 1975, Migration Act 1958 or Child Support (Assessment) Act 1989; • proceedings prescribed by the regulations (none are currently prescribed). Conditional Costs Agreements have to contain the details set out in section 283(3) of the Act. Such agreements must have a 5 business day cooling off period.
