Costs disclosure in Australia: a checklist for small law firms

What is costs disclosure in Australia, and what comes first?

Last reviewed: 30 October 2026. This page is organisational information, not legal advice. Rules differ by jurisdiction and change; always read the current version published by your own regulator.

In Australian legal practice, costs disclosure is the information a law practice gives a client about how legal costs will be calculated and what the total is likely to be. A costs agreement is the agreement about how costs will be charged. The two are separate ideas and may be combined in one document, depending on the form used.

The order matters. Sources describe disclosure as due before or when the practice is retained, so that the client can decide whether to proceed. The Legal Profession Uniform Law is the framework in New South Wales and Victoria, and section 174 is the provision commonly cited for the duty. We could not open the legislation or the regulators' pages, so confirm the current text before you rely on any summary here.

Commonly cited thresholds (verify before relying)

A search of regulator pages and legal-press summaries returned the following. Treat it as a pointer to what to look for, not as the rule. Thresholds are described as excluding GST and disbursements and as applying to total legal costs likely to be incurred.

Other jurisdictions are different: the Law Society of Western Australia publishes a solicitor standard costs form, and Queensland has its own society precedent. Do not assume the Uniform Law figures apply to your state.

One legal-press report mentions a 2024 NSW court decision accepting a range as an estimate where a single figure is not reasonably practicable, while some Victorian material describes a single-figure estimate. Read the current regulator guidance rather than a summary.

The checklist: what to confirm on every new matter

1. Which jurisdiction's rules apply to this matter and this practitioner?
2. Has disclosure been given in writing, and before or at the start of the retainer?
3. Which form applies, based on the likely total cost (short or full)?
4. Does the disclosure state the basis of calculation, hourly rates and who will do the work?
5. Is there an estimate of total costs and an explanation of what could change it?
6. Have the client's rights been explained, such as the right to negotiate the costs agreement and billing method?
7. Is a costs agreement being made, and is it dated and signed?
8. If the matter changes materially, has updated disclosure been considered?
9. Have disbursement terms and any third-party costs been addressed?
10. Are copies filed on the matter, with the version of the form used?

Items 4, 6 and 8 reflect themes in the sources listed below. The exact required content is set by the regulator, so use the regulator's current checklist for compliance.

What does a missed disclosure risk?

One legal commentary source claims that failing to follow the rules can affect the enforceability of a costs agreement or the amount recoverable. We have not verified the claim against the legislation, so treat it as a reason to check, not a conclusion.

The practical point is simple: the cost of a ten-minute check at intake is far smaller than a dispute about fees. Make the check a standard step, not something you rely on memory for.

How can you track disclosure and agreement dates?

A small set of properties on each matter is enough. The aim is a visible record and a weekly view of anything missing.

Add a view: matters opened with no disclosure-sent date. Review it every Monday.

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Where LawyerOS fits

We make LawyerOS, so weigh this accordingly. It is a Notion template; you would add the properties above yourself to the Matters database. It does not generate disclosure, decide the correct form, calculate estimates, or hold client money, and it gives no legal advice. Pro with AI is $39 and Starter $19, one-time.

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Frequently asked questions

What is costs disclosure for Australian lawyers?

It is the information a law practice gives a client about how legal costs will be calculated and the likely total, usually before or when the practice is retained. A costs agreement is a separate agreement on how costs will be charged. Check your regulator for form and content.

What are the Uniform Law costs thresholds?

Search-result summaries describe disclosure as expected for costs likely to exceed $750, a short form between $750 and $3,000, and fuller disclosure above $3,000, excluding GST and disbursements. These are unverified here, so confirm them in the current Uniform Law text and regulator materials.

Do all Australian states use the Uniform Law?

No. NSW and Victoria are the usual Uniform Law examples, and other states have their own regimes or have joined later. Western Australia and Queensland publish their own society precedents. Confirm which law applies where you are admitted and practising.

Is a costs agreement the same as costs disclosure?

No. Disclosure informs the client about costs before or at the outset; a costs agreement sets how costs will be charged. They can be combined in one document in some cases. Use your regulator's current forms to see how the two relate.

Can Notion calculate which disclosure form applies?

A Notion template can hold the estimated costs and show which band the figure falls in if you build a formula, but it cannot know the current legal thresholds. Treat any such formula as a reminder, and verify the rule yourself.