Costs cases post-Birketu: law firms and the employed solicitor rule
Can incorporated practices claim costs for their own lawyers? Two recent cases test the limits and raise further questions.
By Matthew Lo and Mary Tabaco - 2 min read
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.
By Michelle Castle and Andrew Bailey - 2 min read
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…
By John Fleming and Frances Moffitt - 8 min read
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…
By Jim Johnson, Michelle Castle and Andrew Bailey - 2 min read
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.
By Michelle Castle and Andrew Bailey - 1 min read
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.
By Peter Rosier - 1 min read
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.
By Michelle Castle and Andrew Bailey - 3 min read
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…
By Michelle Castle and Andrew Bailey - 2 min read
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…
By Peter Rosier - 2 min read
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…
By John Fleming - 1 min read
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.
By Christopher Bevan - 1 min read