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…

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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…

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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.

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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.

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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…

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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…

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The Legal Profession Uniform Law: new costs provisions ahead

This article is the third in a series of articles for the LSJ on the various aspects of the new Legal Profession Uniform Law (LPUL) that will soon regulate…

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The 10 commandments of costs assessment and review

The Court of Appeal’s recent decision in Wende v Howarth has redefined the principles applicable to the assessment of party/party costs. By CHRISTOPHER BEVAN.

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