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Author Archives: Charles Ackroyd

A fool for a client – Chorley expunged!

The High Court has today handed down the highly anticipated decision in Bell Lawyers Pty Ltd v Janet Pentelow & Anor [2019] HCA 29. The Chorley exception There is a general rule that a self-represented litigant is not entitled to professional costs for acting for himself or herself in legal proceedings.  The Chorley exception was…

September 4, 2019Costs Cases, Legal Costs ArticlesBy Charles Ackroyd

The perils of issuing a statutory demand for fees

The perils of issuing a statutory demand for fees In this first of what is likely to be an ongoing series of articles, we look at the matter of  Rusca Bros Services Pty Ltd v DLaw Pty Ltd, in the matter of Rusca Bros Services Pty Ltd [2019] FCA 562 determined by Markovic J on…

May 31, 2019UncategorizedBy Charles Ackroyd

Interest on Party Party Costs

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 payable on an…

July 21, 2017Legal Costs Articles, News, Thoughts and JargonBy Charles Ackroyd

When is a tax invoice an “itemised bill”

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 Of The…

May 19, 2017UncategorizedBy Charles Ackroyd

“Without Prejudice” or “Without Prejudice Save As to Costs”

“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 concerned a…

March 3, 2017UncategorizedBy Charles Ackroyd

BARRISTER’S CANCELLATION FEES – PAYMENT FOR ONE’S NON-SERVICE!

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…

February 3, 2017Costs Cases, Legal Costs ArticlesBy Charles Ackroyd

Costs and contingent liability

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 important…

January 13, 2017Costs Cases, Legal Costs ArticlesBy Charles Ackroyd
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