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The Conditional Costs Agreement is a fundamental document in Australian legal practice, particularly utilized in litigation matters where clients may not have the immediate means to pay for legal services. This agreement type, regulated under the Legal Profession Uniform Law and equivalent state legislation, enables access to justice by allowing legal fees to be contingent upon successful outcomes. The document must include specific elements such as success criteria, fee structures, and mandatory disclosures. Common applications include personal injury claims, commercial litigation, and class actions. The Conditional Costs Agreement requires careful drafting to ensure compliance with jurisdictional requirements, including cooling-off periods and uplift fee restrictions where applicable. It serves as a risk-sharing mechanism between law practices and clients, promoting transparency in legal costs while protecting both parties' interests.

1. Parties: Identification of the law practice and the client, including full legal names and contact details

2. Background: Context of the agreement, including the nature of legal services to be provided and brief description of the matter

3. Definitions: Definitions of key terms used in the agreement, including 'success,' 'professional fees,' and 'disbursements'

4. Scope of Legal Services: Detailed description of the legal services to be provided under the agreement

5. Conditional Nature of Agreement: Clear explanation that fees are only payable upon achieving specified successful outcome

6. Success Criteria: Precise definition of what constitutes a successful outcome triggering the obligation to pay legal costs

7. Professional Fees: Structure of fees, including hourly rates and any uplift fee (if applicable)

8. Disbursements: Treatment of disbursements and whether they are payable regardless of outcome

9. Billing and Payment Terms: When and how bills will be issued and payment requirements upon success

10. Client's Rights and Obligations: Statement of client's rights, including the cooling-off period and right to seek independent legal advice

11. Termination: Circumstances under which the agreement can be terminated and the consequences

12. Execution: Signing provisions and date of agreement