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Navigating the forest of offers and costs: key principles

Successful offers do not always result in indemnity costs. By PETER KOZERA.

By - 1 min read
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Costs in Fair Work proceedings and the value of settlement offers

Costs are only available in proceedings under the Fair Work Act 2009 in limited circumstances. By PAUL MOORHOUSE.

By - 2 min read
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Solicitor estopped from claiming fees: how did that happen?

Certain conduct of a solicitor may have the unintended consequence of estopping any claim for fees. By MICHELLE CASTLE and ANDREW BAILEY.

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The cost of not communicating

A solicitor’s responsibility has always been to provide clear and timely advice to assist the client in understanding the legal issues so as to make…

By and - 8 min read
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The Chorley exception: three strikes and out?

Solicitors acting for themselves in litigation can recover costs under the rule of practice known as the Chorley exception. By JIM JOHNSTON, MICHELLE CASTLE and…

By , and - 2 min read
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Consequences of inaccurate costs estimates and negligently performed work

In 2018 there were a number of important cases which illuminated issues in relation to legal costs. By MICHELLE CASTLE and ANDREW BAILEY.

By and - 1 min read
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Costs disclosure and the Uniform Law: has your client really understood you?

The Legal Profession Uniform Law 2014 introduces new obligations of disclosure. By PETER ROSIER.

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Costs assessments: unravelling the mysteries of certificate judgments

A certificate of determination and a judgment which arises on its filing are distinct. By MICHELLE CASTLE and ANDREW BAILEY.

By and - 3 min read
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Costs assessments: recent cases in the Court of Appeal

Separate certificates of determination should be issued by a costs assessor in respect of each costs order but failure to raise the issue may be…

By and - 2 min read
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Proportionality in costs assessments: a new dawn?

Section 172 of the Legal Profession Uniform Law (NSW) imposes a new test for determining the fair and reasonable costs that a legal practitioner may charge a…

By - 2 min read