From Allocatur to Incipitur – It has begun We are now starting to see the effect of the (not quite so) recent changes to the Civil Procedure Act 2005 trickle down into cost assessments in relation to interest. S101(4) of the CPA now reads: (4) Unless the court orders otherwise, interest is…
Is a tax invoice an itemised bill? An interesting case came out of Supreme Court Victoria court of Appeal recently addressing what constitutes an itemised bill for the purposes of taxation (in that jurisdiction). The matter of Piper Alderman v Kerryn Linda Smoel And Susan Carolyn Wooster (In Their Capacity As The Trustees…
“Without Prejudice” or “Without Prejudice Save As to Costs” What’s the difference? The question was recently considered by the Federal Court of Australia in Romero v Farstad Shipping (Indian Pacific) Pty Ltd (No 4) [2017] FCA 120 handing down it’s judgment on 20 February 2017. This long running and no doubt expensive matter…
As a general rule solicitors engage barristers to undertake specialized work for their clients. This often requires briefing the barrister to appear at the hearing. In many a barrister’s costs agreement you may find the right to charge a cancellation fee if the hearing does not proceed, especially with more senior barristers, whose daily rate…
Failures in disclosure not to affect party party recovery and a consideration of Wentworth v Rogers The recent matter of Royal v El Ali (No 3) [2016] FCA 1573 concerned a successful application for a gross sum cost order against the respondents, pursuant to the Federal Court Rules. The matter raised a number of…
