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… Read More »Shockwaves sent through UK Litigation Funding Industry
The matter of Alexiou v Alexandra White and ors t/as HWL Ebsworth Lawyers [2021] NSWSC 485 handed down on 7 May 2021 examines the oft… Read More »Who owns your file notes?
Meaningful Disclosure -Section 174(3) – A Victorian Perspective In my previous article I examined the Judgment of Walton J in Malvina Park Pty Ltd v… Read More »Cost Disclosure and Informed Consent – Does Your Client Really Understand? A Victorian Perspective
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… Read More »Cost Disclosure and Informed Consent – Does Your Client Really Understand?
Rose Bilson (a Pseudonym) -v- Domini Esposito Solicitors S ECI 2019 03598, is a decision from the Costs Court in Victoria and is a decision… Read More »Is a solicitor who retained in their own capacity a commercial client?
A retainer with a law firm is a contract. Like most contracts, the parties’ rights are also impacted by the overlay of statue law which… Read More »The Client and the Obligation to Pay Legal Fees & Costs
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… Read More »The Importance of Understanding Counsel’s Cost Agreements
The Legal Profession Uniform Law has now been in place for over 2 years, but analysis of those provisions dealing with limitations on filing for… Read More »12-Month Limitation on Assessment of Solicitor Client Costs
The Grant of Probate and administering the estate of a deceased estate is often common legal work for solicitors. However, Since December 1987 the costs… Read More »Death, Probate, Administration and Solicitor’s Costs
The practice of plaintiff personal injury claims continues to provide ongoing issues in the area of costs, no doubt because often the fruits of one’s… Read More »Itemized Bill of Costs – Solicitor’s Duties to Provide Itemised Bills to Their Client
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… Read More »Cautionary Tale for Solicitors Who Hold Money on Trust in Family Law Proceedings
Getting security for your fees right when it comes to enforcing. It is not uncommon for solicitors to contain clauses in their Costs Agreements that… Read More »Costs Agreements, Billing and Estimates
The new regime, under the Legal Profession Uniform Law, varied the non-compliance consequence concerning a solicitor’s costs agreement and non-disclosure. Under the old regime of… Read More »Fixing Breaches of Disclosure: Rule 72A Provides Opportunity for legal practitioners to remedy non-compliance with LPUL
![Aquaqueen International Pty Ltd v Weber [2014] NSWCA 101](https://pattisonhardman.com.au/wp-content/uploads/2015/04/Blog-featured-image-31.jpg)
Enforcement of cost certificates – recovery of costs of the cost assessment process
Vumbaca v Sultana [2012] NSWDC 237 (14 December 2012) discusses the nature of costs assessment.
De Costi Seafoods (Franchises) Pty Limited and Anor v Wachtenheim and Anor (No 5) [2015] NSWDC 8 (10 February 2015). Time for Monkeys Enterprises Pty Ltd v Southern Cross Austereo Pty Ltd [2015] NSWDC 13 (19 February 2015).
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.
(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
