Current Consultations

Review of the Costs Disclosure Thresholds in the Uniform Law: Consultation Paper

5 May 2023

A consultation paper has been released as part of the Council’s review of the costs disclosure thresholds (Review).

The consultation paper invites feedback on:

• the costs disclosure thresholds
• the standard costs disclosure forms and information sheets
• the exception to disclosure for commercial and government clients
• the guidelines and directions on costs estimates issued by the Council and Commissioner, and
• certain aspects of record keeping in relation to costs disclosure documents.

The consultation paper is informed by discussion with key stakeholders including government agencies, regulatory authorities, legal professional associations and those who work with consumers.

The Review is considering and will report on the effectiveness and regulatory impact of the costs disclosure thresholds referred to in s 174(4) and (5) of the Uniform Law, including whether they meet the objectives of the Uniform Law.

The Council appointed Dr Matthew Butlin as the expert consultant and leader of the Review. Submissions in response to the consultation paper will inform Dr Butlin’s final report which will be considered by the Council.

Submissions can be sent to submissions@legalservicescouncil.org.au by 2 June 2023 and will be published on the Council's website unless you ask for your submission to be treated as confidential.

Click here for the consultation paper (PDF, 2.0 MB)

Submissions received 

• Chief Justice Supreme Court of Victoria (PDF, 271.7 KB)
  
• Chief Justice of Western Australia (PDF, 486.1 KB)
• Law Council of Australia (PDF, 551.4 KB)
• Law Firms Australia (PDF, 214.8 KB)
• Law Institute of Victoria (PDF, 703.3 KB)
• Law Society of NSW (PDF, 1.7 MB)
• Law Society of Western Australia (PDF, 640.1 KB)
• NSW Bar Association (PDF, 1.6 MB)
• Office of the NSW Legal Services Commissioner (PDF, 610.8 KB)
• Victorian Bar (PDF, 128.3 KB)
• Victorian Legal Service Board and Commissioner (PDF, 2.2 MB)

A letter from Justice Connect was also received during the initial consultation period:

• Justice Connect (PDF, 899.3 KB)

Status

Dr Butlin is considering the submissions received in response to the consultation paper.

Review of the Costs Disclosure Thresholds in the Uniform Law: Terms of Reference 

30 September 2022

The Legal Services Council (Council) has established a Review of the Costs Disclosure Thresholds in the Legal Profession Uniform Law (Uniform Law). 

The Review will consider and report on the effectiveness and regulatory impact of the Costs Disclosure Thresholds referred to in section 174(4) and (5) of the Uniform Law, including whether they meet the objectives of the Uniform Law. The Terms of Reference for the Review outline matters that the Review will have particular regard to and are available here  (PDF, 64.1 KB).  

The Review will take an evidenced-based approach and may make recommendations for amendments to the Legal Profession Uniform General Rules 2015, the Short Form Costs Disclosure Forms, the Costs Disclosure Forms Information Sheets and the Guidelines and Directions on Costs Estimates, if considered necessary. The Review will not consider or make recommendations for amendments to the Uniform Law, as any such recommendations may be considered during the five year review of the Uniform Law.

The Review will consult widely with relevant bodies, including the Designated Local Regulatory Authorities, other legal regulatory authorities, Law Societies, Bar Associations and consumer and business groups. The Council will contact relevant bodies to arrange consultation meetings in due course. A public consultation paper, inviting submissions, will also be published once initial consultations have taken place.  

The Council has appointed Dr Matthew Butlin as the expert independent consultant and leader of the Review. Dr Butlin’s former roles have included Commissioner of the Australian Productivity Commission (2007-2008), Executive Chair of the Victorian Competition and Efficiency Commission (2008-2015) and the South Australian Productivity Commission (2018-2021), and the Victorian Red Tape Commissioner (2015-2018). Dr Butlin is also an honorary Enterprise Professor at the Melbourne University’s Institute of Applied Economic and Social Research. A copy of Dr Butlin’s CV is available here (PDF, 102.6 KB). 

Dr Butlin will report to the Council at the conclusion of the Review.