This Determination applies to the costs charged by lawyers, law clerks and paralegals in giving advice or acting in matters which are not litigious, that is, which do not involve proceedings or potential proceedings in a Court or Tribunal.
Examples of the type of work covered by this Determination are:
- Drafting legal documents like agreements, leases, mortgages, guarantees, deeds and wills.
- Getting advice on what a legal document means, including getting advice from an independent barrister.
- Acting for a client on a transaction, like the sale or transfer of property, a lease, or a loan.
- Acting as executor or administrator of a deceased estate, or advising an executor or administrator of a deceased estate.
Each Determination is reviewed every 2 years and commences on 1 July of the year in which it is reviewed. It covers all work done after the commencement of the Determination. Work done before the commencement of a Determination is covered by the earlier Determination.
For example, if a lawyer does gives advice on a contract in April 2021, the 2019 Determination applies. If she or he gives that advice in July 2021, the 2021 Determination applies. If the work spans two different Determinations, eg advice in April 2021 and negotiating changes to the contract in July 2021, the 2019 Determination applies to the advice and the 2021 Determination applies to the negotiations.
This Determination does not apply where a client and their lawyer have entered into a written costs agreement under the Legal Profession Uniform Law Application Act 2022.
For additional information, refer to Part 3 'Application' of the Determination.
