Chorley abolished! High Court has final say

Self-represented legal practitioners can no longer recover costs for time spent on litigation. MICHELLE CASTLE and ANDREW BAILEY explain.

By and - 7 min read

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

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

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

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

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

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

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

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

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