Western Australian Consolidated Acts Western Australian Consolidated Acts (1) This section
applies if this Part applies to a matter for a period and a corresponding law
applies for another period.
(2) If this Part
applied to a matter for a period and a corresponding law applies to the matter
afterwards, this Part continues to apply in respect of legal costs (if any)
incurred while this Part applied to the matter.
(3) If a corresponding
law applied to a matter for a period and this Part applies to the matter
afterwards, this Part does not apply in respect of legal costs (if any)
incurred while the corresponding law applied to the matter, so long as the
corresponding law continues to apply in respect of those costs.
(4)
However —
(a) the
client may enter into a written agreement with the law practice that the cost
assessment provisions of this Part are to apply in respect of all legal costs
incurred in relation to the matter, and Division 8 accordingly applies in
respect of those legal costs; or
(b) if
the client enters into a written agreement with the law practice that the cost
assessment provisions of a corresponding law are to apply in respect of all
legal costs incurred in relation to the matter, Division 8 accordingly
does not apply in respect of those legal costs.
(5) A written
agreement referred to in subsection (4) need not be signed by the client
but in that case the client’s acceptance must be communicated to the law
practice by facsimile transmission, email or some other written form.
(6) If a corresponding
law applied to a matter for a period and this Part applies to the matter
afterwards, this Part does not require disclosure of any matters to the extent
that they have already been disclosed under a corresponding law.
(7) This section has
effect despite any other provision of this Part.