Personal Injuries Law Costs
Costs Payable in Personal Injury Claims under the Various Legislative Regimes by Paul Garrett, QLS Personal Injuries Conference July 2010.
“The 50% Rule” for Speculative Matters
The rule is to be found in sections 345 to 347 of the Legal Profession Act 2007
, Division 8 of Part 3.4 ‘Speculative Personal Injury Claims’.
The LSC made an application to the court for declarations as to the proper construction of the rule as it was under the Queensland Law Society Act 1952, specifically as to the definition of “disbursements” (where the client had a litigation loan) and the treatment of GST. The case also made it clear that a client may not contract out of the rule in a client agreement (paragraphs 8-9).
These guidelines were issued following the Court of Appeal decision in LSC v Dempsey.
This short article is about the QCA Dempsey decision and the LSC guidelines.
Disciplinary charges were proved against this solicitor for charging more than permitted by the rule (charge 5) and for purporting to have his client “waive” the 50% rule (charge 6). The judgment makes it clear that a client may not waive the rule, the only way a solicitor may charge more is by approval of the QLS Council. See paragraphs 1-4, 84-112, 125-130.