No slice for solicitors: High Court draws the line on CFOs
What courts can authorise—and what state law still forbids—when it comes to funding representative proceedings.
By Ross Foreman - 1 min read
A balancing act: costs in public interest litigation
Recent cases highlight the dynamic relevance of public interest in costs decisions. How do courts balance access to justice with the adversarial tradition?
By Thomas Bagley - 2 min read
Novel elements and practical implications of new discrimination costs model
The modified equal access model includes new concepts like ‘unreasonable act or omission’ and ‘significant power advantage’.
By Cilla Robinson and Lauren Cooper - 2 min read
Law practices may no longer be statute-barred from late costs assessments
Following the NSW Supreme Court decision in Dive Lawyers, it appears law practices can now recover costs outside the 12 month limitation period.
By Charlotte Morson - 1 min read
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
Cost of using employed solicitors in proceedings
The Court of Appeal has considered whether firms can recover costs for work done by employed solicitors when the firm is self-represented.
By Charlotte Morson - 2 min read
Play the ball and not the player: Considerations for legal practitioners seeking personal costs orders
The Court has jurisdiction to order costs against a practitioner but such orders should not be sought gratuitously and without sufficient basis.
By Daniela Faggionato and Lucy Williams - 2 min read
Practical tips for dealing with third-party costs orders
When it comes to third party funding in litigation, practitioners should note the broad powers of the court in making third-party costs orders.
By Thomas Bagley - 2 min read
How to a-void another costly mistake when dealing with costs agreements
Recent Court of Appeal decision in Bevan v Bingham provides valuable guidance on key Uniform Law provisions relating to void costs agreements.
By Charlotte Morson - 2 min read
Failure to update cost agreements can be a costly mistake
The recent Supreme Court decision in Bevan v Bingham confirms the ongoing disclosure obligations of solicitors and barristers when it comes to legal costs.
By Charlotte Morson - 2 min read
The cost of litigation: Avoiding personal costs orders
A solicitor may be liable for costs orders if they conduct litigation unreasonably, incompetently or without reasonable prospects of success.
By Catherine Hing and Natalie Sullivan - 2 min read