Apply to set aside a cost agreement
We can only hear applications to set aside cost agreements where the client gave instructions to their lawyer before 1 July 2015. These are cases where the Legal Profession Act 2004 applies.
Applications to set aside costs agreements cannot be made where the Legal Profession Uniform Law (Victoria) applies.
We can only order a costs agreement to be set aside if it is not fair or reasonable under section 3.4.32 of the Act.
Cases VCAT can hear
We can hear applications to set aside cost agreements where the client gave instructions to their lawyer before 1 July 2015. These are cases where the Legal Profession Act 2004 applies.
Cases VCAT cannot hear
We cannot hear applications to set aside costs agreements if the client first gave instructions to the lawyer on or after 1 July 2015. This is because the Legal Profession Uniform Law (Victoria) does not provide for such an application.
Before you apply
Try to resolve the dispute directly with your lawyer. If that fails, you can seek the assistance of the Victorian Legal Services Commissioner to try to resolve the dispute. If the Legal Services Commissioner has not been able to resolve your case, you may apply to VCAT.
If you are applying to review a decision by the Legal Services Board you must attach a copy of the Board's decision to your application. When the form asks you to specify the Act that applies, specify the Legal Profession Act 2004.
Order to pay legal costs
If a costs agreement is set aside, we may order that legal costs be calculated and paid to the lawyer. We would normally require that costs are calculated in line with Victorian or Commonwealth legislation.
Costs of the VCAT hearing
- If the costs agreement is set aside, VCAT may order that the lawyer pays the client’s costs of the hearing.
- If the costs agreement is not set aside, VCAT may order that the client pay the lawyer’s costs of the hearing.
We can explain the application process and what the form is asking you for. Contact us to get support.
We cannot give you legal advice. This means we cannot tell you what to write in your application or recommend how to get the outcome you want.
Seek legal help if you are unsure about your options or need advice about your claim.
Do I need a lawyer or professional representative?
If you want to be represented by a lawyer or have some other professional representation at the final hearing tell the member at the directions hearing.
The VCAT member who conducts the final hearing grants or refuses permission for you to be represented.
Find legal services that may be able to assist you.
Access and privacy
VCAT hearings and files are usually public.
VCAT has limited authority to restrict who can access cases and files but, in certain circumstances, you can apply for confidentiality.
Legislation that applies to this type of case
- Legal Profession Uniform Law (Victoria)
- Legal Profession Act 2004