Building construction in the middle of Sydney CBD

Amended security of payment regime set to bring more clarity to building and construction disputes

In the coming months there will be important changes to the way the security of payment regime operates in NSW. By ANDREW BAILEY.

By - 6 min read
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Constitutional aspects of the NSW costs assessment system

MICHELLE CASTLE considers the question of whether a NSW costs assessor can determine matters between residents of different states and the Constitutional issues at play.

By - 8 min read
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Reflecting on a costly year: key themes and future predictions

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 - 7 min read
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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 and - 7 min read
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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 and - 6 min read
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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 and - 6 min read
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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 and - 6 min read
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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 and - 5 min read
Legal Updates Equity

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 and - 7 min read
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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 , and - 6 min read