Bill Disputes, Mistakes and Official Sources
How to dispute a legal bill in Australia: steps, time limits and who decides
The order of steps to challenge a lawyer's bill: talk to the firm, request an itemised bill, lodge a costs dispute with the Commissioner, or apply for costs assessment, with 2026 limits.
If you think a lawyer's bill is too high, act quickly and in this order: raise it with the firm in writing, ask for an itemised bill if you received a lump-sum bill, then either lodge a costs dispute with the Legal Services Commissioner or equivalent regulator, or apply for a formal costs assessment. In the Uniform Law states (NSW, Victoria, WA), a costs dispute generally has to reach the regulator within 60 days after the costs become payable (or 30 days after an itemised bill you requested is provided), and a costs assessment application is generally due within 12 months of the bill. From 1 July 2026, the NSW and Victorian regulators can make a binding determination in costs disputes up to $31,440. Other states have their own bodies and rules.
This is the overview for Bill Disputes, Mistakes and Official Sources. It is general information, not legal advice; check the current limits with the body for your state.
Step 1: read the bill against your costs disclosure
Before complaining, compare the bill with what you were told:
- Does the hourly rate match the disclosure?
- Are the people who worked on the file the ones you were told about?
- Did the total go past the estimate, and were you warned in writing?
- Are disbursements supported by invoices?
- Is there an uplift fee, and was it in a signed conditional costs agreement?
- Is interest being charged, and at a rate allowed by the agreement?
Use the costs agreement checklist as a guide. If no disclosure was given when it was required, that is a significant point; see costs disclosure rules.
Step 2: raise it with the firm in writing
Write to the lawyer or the firm's principal. Be specific: which items you dispute, why, and what you think is fair. Many firms have an internal complaints process and will review the bill, write off some time or agree a payment plan. Keep a copy of everything.
Step 3: ask for an itemised bill
If you received a lump-sum bill, you can ask for an itemised bill showing each piece of work, who did it, the time and the charge. Under the Uniform Law the request should generally be made within 30 days after the lump-sum bill is payable, and the firm cannot sue to recover the costs until it provides the itemised bill. An itemised bill often reveals duplicated work, rounding or tasks you did not ask for. See itemised bills and interest.
Step 4: lodge a costs dispute with the regulator
| State | Body | Notes |
|---|---|---|
| NSW | Office of the Legal Services Commissioner | Costs disputes generally within 60 days; binding determinations up to $31,440 from 1 July 2026 |
| Victoria | Victorian Legal Services Board + Commissioner | Same Uniform Law limits; bills over $314,330 are limited to informal resolution (from 1 July 2026) |
| WA | Legal Practice Board of WA | Costs disputes under the Uniform Law in WA |
| Queensland | Legal Services Commission | Can help with some costs disputes; formal assessment through costs assessors or the court |
| SA | Legal Profession Conduct Commissioner | Check current process |
| Tasmania | Legal Profession Board of Tasmania | Check current process |
| ACT | ACT Law Society | Handles complaints about ACT lawyers |
| NT | Law Society Northern Territory | Handles complaints about NT lawyers |
The regulator usually tries informal resolution or mediation first. In NSW and Victoria, if that fails and the disputed amount is within the limit, the Commissioner can make a binding determination of the fair and reasonable amount. These dollar limits are indexed and change on 1 July. The Commissioner generally cannot assist once a court has made a costs order on the same costs, and may not be able to help if the firm is already suing you. See Legal Services Commissioner complaints.
Step 5: apply for a costs assessment
A costs assessment is a formal review by a costs assessor or a court officer, who decides what is fair and reasonable. It is the route for larger bills, for disputes outside the Commissioner's limits, and when the time to lodge a costs dispute has passed. The application is generally due within 12 months after the bill was given, the request for payment was made, or the costs were paid. Assessment usually has its own fees, and the assessor can decide who pays the costs of the assessment. See costs assessment explained.
Worked example (illustrative)
Jordan's estimate for a contract dispute was $14,000 to $18,000. The firm sends a lump-sum bill for $29,700 with no update along the way.
- Jordan writes to the principal the same week, pointing to the estimate and asking for an explanation and an itemised bill.
- The itemised bill shows 11.2 hours of partner time on tasks the disclosure said a junior lawyer would do, and 4.5 hours of internal conferences.
- Jordan proposes a reduction to $21,000. The firm offers $25,000.
- Jordan lodges a costs dispute with the regulator within the time limit. The disputed amount is $25,000 - $21,000 = $4,000, within the Commissioner's binding determination limit.
- After mediation the parties agree on $22,500.
The failure to update the estimate was Jordan's strongest point. Under the Uniform Law, a lawyer must tell the client as soon as practicable about a significant change in the estimate.
Should you pay the undisputed part?
Often yes. Paying the amount you accept shows good faith and can reduce interest. Make clear in writing that the payment is without admission that the rest is owed. Check whether the agreement charges interest on unpaid amounts.
Related guides in this section
- Legal cost mistakes to avoid: the ten patterns behind most bill disputes
- Adverse costs and security for costs: what you may pay the other side if you lose
- Official sources by state: regulators, courts, tribunals and legal aid
Frequently asked questions
Can the firm keep my file until I pay?
A solicitor may have a lien over the file for unpaid fees in some circumstances, but courts and regulators can intervene, and firms must not use it unreasonably. Ask the regulator if the file is urgently needed.
Will disputing a bill affect my case?
A costs dispute with your own lawyer is separate from your case. If you change lawyers mid-matter, the new firm will usually help manage the old firm's bill.
Can I complain about conduct as well as costs?
Yes. Overcharging that is grossly excessive can be a conduct issue, and failure to disclose can be unsatisfactory professional conduct. The regulator deals with both.
Sources
- Office of the Legal Services Commissioner (NSW) — costs dispute time limits and the binding determination limit
- Victorian Legal Services Board + Commissioner — disputing your bill and the current dollar limits
- Legal Practice Board of Western Australia — costs disputes and assessment in WA
- Legal Services Commission (Queensland) — costs assessments in Queensland
- Legal Profession Conduct Commissioner (SA) — complaints about South Australian lawyers