How party/party costs determinations can frustrate solicitor/client costs disputes
Can clients have their cake and eat it? The NSWCA rules on clients disputing solicitor fees after previously admitting liability.
By Charlotte Morson - 2 min read
Limitation issues in solicitor/client costs
Practitioners need to take care in analysing the cause of action for recovery of fees. By MICHELLE CASTLE and ANDREW BAILEY.
By Michelle Castle and Andrew Bailey - 2 min read
Taking security for legal costs: lessons from Malouf v Constantinou
The taking of security for costs should be approached carefully, if at all, with attention to the equitable, legal and statutory duties. By MICHELLE CASTLE…
By Michelle Castle and Andrew Bailey - 1 min read
Getting in on the ‘fruits of the action’: the power of the equitable lien
Equitable liens are a practically useful device to secure the payment of solicitors’ fees. They are, in essence, a right to seek Court intervention. By…
By Michelle Castle and Andrew Bailey - 1 min read
You really got a hold on me… the power of the solicitor’s lien
There are two types of solicitors’ liens: possessory and equitable. Each has different characteristics and different rules apply to each. By MICHELLE CASTLE and ANDREW…
By Michelle Castle and Andrew Bailey - 1 min read
A practical guide to lump sum costs orders
Practitioners involved in litigation should be familiar with when lump sum costs orders are available and understand the evidence required to get them. By MICHELLE…
By Michelle Castle and Andrew Bailey - 2 min read
To sue or not to sue? That is the question
Taking proceedings about a contract for services is not necessarily the most efficient means of recovering payment owing to a legal practitioner. By MICHELLE CASTLE…
By Michelle Castle and Andrew Bailey - 2 min read
Legal costs: grappling with complexities in the Legal Profession Uniform Law
The Legal Profession Uniform Law introduced the concept of a ‘commercial or government client’ and time limits for applying for costs assessment. By MICHELLE CASTLE,…
By Michelle Castle, Andrew Bailey and Kerrie Rosati - 2 min read
Preliminary discovery applications: don’t forget about the costs
NSW courts are prepared to make orders varying or delaying costs for preliminary discovery depending on the institution and outcome of subsequent proceedings. By NICHOLAS…
By Nicholas Smith - 5 min read
Australia secures costs in plain packaging arbitration
Australia recovered a portion of its legal and other costs incurred as respondent in arbitral proceedings commenced by Phillip Morris in 2011. By STEPHEN TULLY.
By Stephen Tully - 3 min read
Costs: motor accident compensation claims
The Motor Accidents Compensation Amendment (Claims) Regulation 2016 came into operation on 1 November 2016, bringing significant changes to costs in the area. By JOHN…
By John Fleming - 1 min read