Cases & Articles

The Cost Assessment Rules Committee (CARC) have published the first and long-awaited update to the Guideline – Costs Payable Between Parties Under Court Orders (“Ordered Costs” Or “Party Party Costs”). The Guidelines, first published in May 2016, are intended to provide guidance for Costs Assessors, in order to promote consistency and predictability in party party… Read More »Increase in hourly rates recoverable – Update to the CARC Guidelines

The decision of 26 July 2013 in R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others has caused turmoil in the UK litigation Finance industry on the basis of the interpretation of what constitutes a “damages based agreement”. In Australia, such agreements are generally outlawed as falling under a “champerty… Read More »Shockwaves sent through UK Litigation Funding Industry

The question has been addressed again by John Dixon J in the matter of Hih Hsien Lin v WJ Legal  (Aust) Pty Ltd [2023] VSC 52 Here, the law practice issued a lump sum account to the client in 2019.  Several requests for the provision of an itemised bill were made which went unanswered.  The… Read More »What is the just and fair test to extend time for taxation of costs in Victoria?

Civil litigation is premised on the concept that the parties should look to resolve their disputes without the intervention of the Court and the time and costs associated with court hearing and determining the issues.  An important way to encourage the parties to settle disputes is by offers of settlement which if not accepted may… Read More »When a compromise is not a compromise

The eagerly awaited Report on Litigious Costs by the Supreme Court of Victoria has been published today. The review, which commenced in October 2021 and was undertaken by The Hon. Justice Jack Forrest and Her Honour Kathryn Kings considered, inter alia, whether the Supreme Court Scale of Costs (Victoria) should be retained. This scale governs the recovery… Read More »Significant changes ahead in Victorian Legal Costs

The danger of the “Welcome Pack” Todorovska v Brydens Lawyers Pty Ltd A vitally important judgement for legal practitioners in the personal injury field but also law practices in generally in relation to disclosure. It is common practice among many personal injury practices, and law firms in general, to issue clients with “Welcome Packs” which… Read More »Costs Disclosure in Personal Injury Claims – The Danger of the “Welcome Pack”