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…
DetailsMeaningful 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…
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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…
DetailsRose Bilson (a Pseudonym) -v- Domini Esposito Solicitors S ECI 2019 03598, is a decision from the Costs Court in Victoria and is a decision of a Judicial Registrar. It does raise important thoughts about lawyers retaining another lawyer/Legal Practice, not in the capacity of doing specialised work, such as a barrister or a tax…
DetailsFrom Allocatur to Incipitur We are now seeing the effect of the (not quite so) recent changes to the Civil Procedure Act 2005 being applied in cost assessments in relation to interest. S101(4) of the CPA now reads: (4) Unless the court orders otherwise, interest is payable on an amount payable under an order for…
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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 may imply contractual terms. An example is a prohibition on misleading a person as required under the Australian Consumer Law. A costs agreement with a law practice may also have to…
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