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.

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.

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…

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…

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…

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…

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…

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,…

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…

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.