PA Law Articles · Legal costs and client information · South Australia
By Manal Amro, Principal Solicitor, PA Law Pty Ltd
Published:
A legal bill should help you understand what you are paying for. If a firm uses artificial intelligence to prepare an initial draft, it is reasonable to ask how the work was checked and how the fee was calculated. Equally, a fast first draft does not tell you how much legal analysis, advice or revision the matter required.
This guide explains seven practical checks, the difference between hourly and fixed fees, and the steps available when a bill needs clarification. It is written for individuals and businesses in Gawler, Adelaide and across South Australia.
How are legal fees in South Australia calculated?
Start with the charging method in your agreement. These terms describe different things:
| Term | Meaning | Question to ask |
|---|---|---|
| Hourly fees | Charges based on time and agreed rates, subject to the billing terms. | Whose time was recorded, at what rate and in what units? |
| Fixed fee | An agreed price for a defined scope of work. | What is included, excluded or separately charged? |
| Estimate | An indication of anticipated costs; it is not necessarily a cap. | What assumptions could change the estimate? |
| Disbursements | Expenses such as court fees, searches or other third-party charges. | Which expense was incurred, and is it already included elsewhere? |
Keep the original agreement and later changes together. The Law Society of South Australia’s legal costs guidance explains clients’ rights to negotiate an agreement, seek information and challenge costs. If another state’s costs law may apply, obtain advice about the correct rules.
Can a lawyer charge for work completed with AI?
AI assistance does not automatically make a charge improper or require a fixed percentage discount. The fee arrangement and actual professional work need to be examined. Under hourly billing, time entries should reflect work actually undertaken, rather than hypothetical time saved by technology. A fixed fee must be considered against its agreed scope and the applicable costs obligations.
The Law Society’s AI guidance for South Australian practitioners addresses accurate billing, reasonable costs and the lawyer’s continuing responsibility for checking AI-assisted work. Any separately charged AI expense also needs an appropriate basis and clear disclosure.
7 practical checks for legal fees in South Australia
1. Match the bill to the agreed work
Identify the stage and tasks covered by the invoice. For a property matter, for example, ask whether a separate contract review was included in the conveyancing quote. For an estate, distinguish obtaining a grant from later administration. Compare the scope, rather than only the headline amount.
2. Ask for useful task descriptions
An entry such as “attention to matter” may leave you unable to identify the work. Ask which document, issue or communication it concerns. A specific explanation makes it easier to compare the entry with your records and to narrow any disagreement.
3. Check time, rates and billing units
For hourly work, check the person, rate and recorded duration. Ask how short calls and emails are counted and whether the agreement explains rounding. For a fixed fee, focus on the promised work and any claimed extras instead of assuming that every charge must correspond to hours.
4. Clarify apparent duplication
Two people may legitimately contribute to the same task. Ask what each person did and whether the entries relate to separate work or review. If the same expense or task appears twice, identify both entries and request an explanation or correction.
5. Query administration and correction work
Ask how routine administration is treated under the agreement. Where an entry appears to concern correcting the firm’s own mistake, ask why it was charged. Distinguish that from revisions you requested or changes caused by new instructions. Avoid drawing conclusions from an abbreviated description alone.
6. Separate fees, GST and expenses
Check whether the quoted figure included GST and disbursements. Look for the basis of each additional expense and compare it with earlier invoices or receipts. A useful question is: “Please identify what this expense relates to and whether it has already been charged.”
7. Reconcile payments and the remaining work
Compare invoices, payments and credits so you understand the outstanding balance. Ask whether the invoice is interim or final and request an updated estimate for unfinished work. Keep a simple chronology of costs updates, instructions and important dates.
Can you request an itemised bill in South Australia?
Yes, where the statutory entitlement applies. Under Schedule 3, clause 34 of the Legal Practitioners Act 1981 (SA), a person entitled to seek adjudication can request an itemised bill after receiving a non-itemised bill. The practice must provide it within 21 days and cannot charge for preparing it.
Make the request in writing, identify the invoice and keep a copy. You can also list the entries or amounts you want explained. For example:
Please provide an itemised bill for invoice [number] dated [date]. Please also explain the work and charging basis for the entries listed below, including the applicable rates, any separately charged expenses and how my payments have been credited.
What if you still disagree with the bill?
First, consider raising specific concerns with the solicitor or the person responsible for costs enquiries at the firm. State the entry, your concern and the clarification or adjustment requested. The Commissioner’s guidance before making a complaint encourages direct resolution where appropriate.
Supreme Court costs adjudication
A client or eligible third-party payer may seek adjudication under Schedule 3, clause 37. The ordinary period is six months after the bill or payment request; if neither occurred, it runs from payment. Some late applications may be allowed. Payment of the bill does not itself prevent an application. Obtain advice on the relevant dates, eligibility and potential costs.
Complaint to the Legal Profession Conduct Commissioner
The person responsible for paying the fees can complain about alleged overcharging. The Commissioner may make a binding determination where the disputed amount is no more than $50,000, subject to the statutory process. An expert assessment may involve costs. For larger disputes, a recommendation may still be available. See the Commissioner’s legal costs information.
The Commissioner states that overcharging complaints should be made within two years of the final bill concerned, with discretion to allow longer. A complaint ordinarily attracts a $110 fee including GST, with reduction or waiver available in eligible cases. Check the current complaint requirements before lodging.
These are separate pathways. Do not assume that correspondence with the firm or a complaint preserves your court deadline. The Commissioner cannot award negligence compensation or prevent the firm taking fee-recovery proceedings. Seek prompt advice if you receive a demand or court documents.
Prepare a focused enquiry about your legal bill
Before seeking independent advice, assemble the costs agreement, estimates and updates, invoices, payment records and relevant correspondence. Create a short table showing each disputed entry, why you question it and the response received. Include any demand or court deadline. This makes the discussion more useful than a general statement that the total feels too high.
Frequently asked questions
Does using AI automatically make a legal bill unreasonable?
No. AI use alone does not establish overcharging. Consider the fee agreement, the work actually performed and the professional review involved. Ask the firm to explain any disputed entry.
Is a fixed fee the same as a cost estimate?
No. A fixed fee sets a price for an agreed scope. An estimate indicates anticipated costs. Check the document’s wording, exclusions and arrangements for additional work.
Can I request an itemised legal bill in South Australia?
Yes, where the statutory entitlement applies after a non-itemised bill. Schedule 3, clause 34 requires compliance within 21 days and prohibits charging for its preparation.
Are repeated entries or administrative charges always improper?
No. An entry needs context. Ask what each person did, why the work was necessary and how the charge fits the agreed scope and billing terms.
Does making a complaint stop the firm suing for its fees?
No. The Legal Profession Conduct Commissioner says a complaint does not prevent fee-recovery proceedings. Obtain advice promptly about any demand, court document or deadline.
What should I bring when seeking advice about a legal bill?
Bring the costs agreement, estimates and updates, invoices, payment records, relevant correspondence and a short list identifying the entries you question and why.
Watch: legal fees, AI and billable hours
Manal Amro discusses transparent billing in our short video. The companion page includes the recording and full transcript.
Watch Legal Fees Explained: AI, Billable Hours and Your Rights in SA.
Related reading: Probate costs in South Australia · Browse all PA Law articles.
General information only. This article is not advice about a particular invoice or costs dispute. The relevant law, agreement, payer’s status and deadlines must be checked for your circumstances. Sources were checked on 15 October 2026.