Queensland Law Society

Barristers' Costs

Barristers’ costs are regulated by largely the same provisions as apply to solicitors’ costs, namely the Legal Profession Act 2007 (Qld) ('LPA'), Legal Profession Regulations 2017 and the Uniform Civil Procedure Rules 1999. See Legislation section for details and links. (Note that the definition of “law practice” in Schedule 2 of the LPA includes a barrister). Also see the Barristers' Conduct Rules 2018. There is little of relevance to costs in these rules, but see ss. 95(h), 99(c), (d) about when briefs must or may be refused or returned for reasons relating to costs issues.

There is no protocol between the QLS and the Bar Association of Queensland for the resolution of fee disputes but the QLS supports mediation to amicably resolve such disputes. See Disputes on barristers’ fees by former QLS President Peter Eardley, Proctor September 2010 p 10.

The Legal Services Commission has commented on this issue in its Regulatory Guide 8 Billing Practices - Some Key Principles, and in Counting the costs at p.11. Also see the LSC/Griffith University Symposium report On Costs (May 2011) at pp.13-23.

 Itemisation and assessment of a barrister’s fee note by Richard Douglas SC Hearsay April 2011.