Skip to content

Charles Ackroyd

A new hope for successful defendants

A new hope for successful defendants

(and a warning for plaintiffs)

Also published in adapted format in Law Society Journal, September 2006, Volume 44, page 38

The New South Wales Court of Appeal decision of Boylan Nominees Pty Limited v Williams Refrigeration Australia Pty Limited [2006] NSW CA 100 is clearly welcome news for successful defendants in personal injury actions and a warning to plaintiffs not to rely on the Civil Liability Act for complete protection in the conduct of unmeritorious actions.

Read More »A new hope for successful defendants

Taxation of Legal Costs - New General Care and Conduct Benchmark in the Federal Court of Australia

Taxation of Legal Costs – New General Care and Conduct Benchmark in the Federal Court of Australia

This article considers the significance of the recent decision of the Federal Court of Australia in APC Marine Pty Limited v The Ship APC Aussie 1 [2011] FCA 679.
Specifically, the decision considers an application for a Review from a Taxation Officer on the basis that the allowance made for ‘General Care and Conduct’ on the original Taxation of Costs under Schedule 2, Federal Court Rules was too generous.

The General Care and Conduct allowance made by the Taxation Officer was twice the maximum range recommended in the National Guide to Discretionary Items published by the Federal Court of Australia. The Review by the Federal Court of Australia upheld this allowance.

The nature of the system for taxation of costs in the Federal Court of Australia means there is a dearth of published authority on allowances for General Care and Conduct on party party costs and the article considers both the significance of the decision and whether the decision sets a precedent for departure from the National Guide and more generous General Care and Conduct allowances in future taxations.

Given the introduction of the New Federal Court Rules on 1.8.11 the article also compares the relevant criteria for calculating such uplifts under the Old and New Federal Court Rules.

Read More »Taxation of Legal Costs – New General Care and Conduct Benchmark in the Federal Court of Australia

Schuler v Stern [2014] NSWDC 85

Schuler v Stern [2014] NSWDC 85

Client in “no win no fee” costs agreement appeals under s 384 Legal Profession Act 2004 (NSW) from Review Panel assessment of costs in favour of her previous solicitor

What is a folio?

What is a folio?

In legal costing in the NSW Local Court, NSW District Court, NSW Supreme Court, Family Court and recently in the Federal Court, a folio is up to 100 words.

Breach of LPA disclosure provisions prevents recovery of counsel fees

Breach of LPA disclosure provisions prevents recovery of counsel fees

(published in adapted format in Law Society Journal, November 2011, Volume 49, page 34)

This article examines the recent Supreme Court decision of Ventouris Enterprises Pty Ltd v Dib Group Pty Ltd & Anor (No. 4) [2011] NSWSC 720 (28 June 2011) where Ms Ward provided expert opinion for the costs respondent.

The decision confirmed the view of Ms Ward that breaching particular costs provisions of the New South Wales Legal Profession Act 2004 [specifically, section 324(1)-(2)] will result in significant and drastic consequences for a law practice.

The article also provides a helpful explanation of the relationship between party party and solicitor client costs and the indemnity principle.

Read More »Breach of LPA disclosure provisions prevents recovery of counsel fees

Exceptions to personal injury costs cap clarified

Exceptions to personal injury costs cap clarified

Williamson v State of New South Wales [2010] NSWSC 229

(published in Lexis Nexis, Australian Civil Liability, 2010, Vol 6 no 10)

In Williamson v State of New South Wales [2010] NSWCA 229 the New South Wales Supreme Court provided clarification of when the costs capping provisions in the Legal Profession Act 2004 (NSW) do not apply in a situation where damages recovered by the plaintiff are less than $100,000. This article considers the decision and examines the interaction between Division 9 of the Legal Profession Act 2004 and Part 2 of the Civil Liability Act, and explores the findings of the Court of Appeal.

Read More »Exceptions to personal injury costs cap clarified

Disputed Cost Agreements

Disputed Cost Agreements

Can you rely on your costs agreement in a dispute?

(published in adapted format in Law Society Journal, May 2010, Volume 48, page 34)

This article examines a number of significant recent judicial decisions in New South Wales and Victoria that provide direction to practitioners on when they can rely on a valid Cost Agreement should a dispute arise regarding costs. The facts and findings of each of these recent decisions also provide guidance as to the types of situations where practitioners should pay extra attention to ensuring the validity and integrity of their retainer and, ultimately, their ability to recover costs.

Read More »Disputed Cost Agreements

Cost Law Services Sydney

Corporate or Government Solicitors

Can you object to the costs of in-house corporate or government solicitors on the basis of the indemnity principle and reduce the hourly rates to the solicitorís actual salary or by reference to a scale.

How to calculate security for costs

How to calculate security for costs

The three Rs in calculating security for costs

(published in adapted format in Law Society Journal, November 2008, Volume 46, page 32)

This article examines the crucial principles upon which a practitioner should base an application for security for costs in the Supreme Court of NSW and analyses the refreshing guidance provided by Jagot AJ in Western Export Services Inc v Jireh International Pty Limited [2008] NSWSC 601.

Read More »How to calculate security for costs