Many cases come before the courts when a party to the litigation is unable to represent themselves due to being under legal incapacity, meaning that they cannot give instructions or understand the nature and effect of the proceedings. An example is because of a catastrophic injury where a person has suffered a traumatic brain injury… Read More »Is a Tutor liable for costs in litigation?
In litigation, broadly speaking, 80% of matters settle before trial or at the latest during a trial. But what happens if the parties during their negotiations to settle prior to the hearing nut out a deal in respect of the primary issues resulting in a settlement but cannot reach an agreement on the question of… Read More »What happens to costs where no hearing on merits?
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 handing down, on 8 October 2021 of the Court of Appeal judgment of Spencer v Coshott [2021] NSWCA 235. Mr Spencer was at the time the principal and the sole… Read More »The Wisdom of Salomon
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 fraught question as to ownership of file notes made by a solicitor in the course of representation and whether a solicitor is entitled to charge a former client for the… Read More »Who owns your file notes?
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… Read More »Costs of the Proceedings – An overriding order?
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 Johnson [2019] NSWSC 1490 wherein the plaintiff unsuccessfully sought to rely on Frigger v Madgwicks, [2018] VSC 281 The below examines Frigger and highlights the difference of interpretation being applied… Read More »Cost Disclosure and Informed Consent – Does Your Client Really Understand? A Victorian Perspective
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