Costs of the Proceedings – An overriding order?

The central issue in Behnia v Sarraf  [2019] NSWDC 138, was where a final order is made does it override an earlier costs orders.  In Behnia the final order in the Supreme Court proceedings was by consent and with an order that each party pay their own costs of the proceedings.  At the time there was an existing order which the consent orders did not…

COST DISCLOSURE AND INFORMED CONSENT – DOES YOUR CLIENT REALLY UNDERSTAND?

MEANINGFUL DISCLOSURE -SECTION 174(3) OF LPUL Division 3 of Part 4.3 of the LPUL is styled “costs disclosure”.  Section 174(3) sits within and creates an obligation that did not exist under its predecessor, namely that: (3) Client’s consent and understanding If a disclosure is made under subsection (1), the law practice must take all reasonable…

“From an instructing solicitor’s point of view, if such cancellation fees are sought from barristers, it would be prudent for the solicitor to require the client to enter into a separate agreement direct with the barrister or alternatively require the barrister to indemnify the solicitor against any repayment of fees…should the cancellation fee be challenged.”

The importance of understanding Counsel’s costs agreement and the implications to solicitors and their clients cannot be over emphasized. A common term in barrister fee agreements are claims for cancellation fees which can amount to claims by the barrister for considerable amounts of money when they have done nothing. Curiously, learned solicitors who are trained…

Cautionary tale for solicitors who hold money on trust in Family Law proceedings

In Laurens v Laurens (No.2) (FCCA) 109,  delivered on 24 January 2017, the learned Judge commences his judgment with the very sentence “This is a cautionary tale for solicitors who hold money on trust for the benefit of both parties in family law proceedings”.  The solicitor in question acted for the wife in bitterly fought divorce…