The question of whether law firms can recover costs for employed solicitors representing them has been settled, but several new questions abound.
By Matthew Lo and Sora Beebar - 2 min read
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
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
The Law Society Professional Support Unit answers some common costs queries in this practical Q&A. By MADELEINE PORTER
By Madeleine Porter - 1 min read
The High Court in Bell Lawyers v Pentelow held the Chorley exception is not part of the common law in Australia.
By Michelle Castle and Andrew Bailey - 8 min read
In the coming months there will be important changes to the way the security of payment regime operates in NSW. By ANDREW BAILEY.
By Andrew Bailey - 2 min read
In 2018 there were a number of important cases which illuminated issues in relation to legal costs. By MICHELLE CASTLE and ANDREW BAILEY.
By Michelle Castle and Andrew Bailey - 1 min read
Practitioners need to take care in analysing the cause of action for recovery of fees. By MICHELLE CASTLE and ANDREW BAILEY.
By Michelle Castle and Andrew Bailey - 2 min read
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 Michelle Castle and Andrew Bailey - 1 min read
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 Michelle Castle and Andrew Bailey - 1 min read
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 Michelle Castle and Andrew Bailey - 1 min read
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 Michelle Castle and Andrew Bailey - 2 min read
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 Michelle Castle and Andrew Bailey - 2 min read