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… Read More »What is the just and fair test to extend time for taxation of costs in Victoria?
Chorley, the Incorporated Legal Practice and the meta-physical bifurcation. The seemingly unending saga of Coshott and Spencer provides another benefit to the profession with the… Read More »The Wisdom of Salomon
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 perils of issuing a statutory demand for fees In this first of what is likely to be an ongoing series of articles, we look… Read More »The perils of issuing a statutory demand for fees
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
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… Read More »When Is a Tax Invoice an “Itemised Bill”
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. … Read More »Barrister’s Cancellation Fees – Payment for One’s Non-Service!
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
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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
Vumbaca v Sultana [2012] NSWDC 237 (14 December 2012) discusses the nature of costs assessment.
(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
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.