Commissioner determinations - Victorian Legal Services Board + Commissioner

Commissioner determinations in cost disputes

Under the Uniform Law the Commissioner has the power to make binding determinations in consumer matters where disputes over legal costs are below $10,000.

In situations where the disputing parties have reached a stalemate and cannot agree on what amount should be paid, the Commissioner has the power to determine what costs are fair and reasonable under the relevant circumstances. The Commissioner will generally first refer such matters for a costs review. The outcome of the costs review will often form the basis of what the Commissioner determines to be fair and reasonable legal costs.

Below are redacted examples of costs determinations, divided into the predominant themes featured in each matter. Each example provides detail on the reasons behind the Commissioner’s determination.

Service issues

Overcharging

Failure to comply with costs disclosure requirements

Fair and reasonable

 

 

Last modified February 17, 2017.