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A barrister, Christopher John Bevan, commenced proceedings in the Supreme Court of NSW against his instructing solicitor, John David Bingham, as well as Mr Bingham’s the client and two costs review panellists. He was seeking dismissal of the review panel’s decision concerning the barrister’s costs.
Read More DownloadWhen the court makes an order that a party in litigation (Party A) is liable to pay the costs of another party (Party B), Party B can recover from Party A a significant portion of the reasonable professional costs and disbursements associated with having a solicitor act in their matter. Complications arise when Party B does not have a solicitor and is self-represented. Further complications arise when Party B is a solicitor, barrister, law firm or an incorporated legal practice.
Read More DownloadSection 178(1)(a) of the Legal Profession Uniform Law (LPUL), which governs solicitors in NSW and Victoria, stipulates that any concerned costs agreement will be void if a law practice contravenes the disclosure obligations of Part 4.3 of the LPUL. Similar sentiments are echoed in the laws governing solicitors in other jurisdictions.
Read More DownloadWhether a costs assessment or summons for taxation of costs is initiated by a client or a law practice, s204(2) of the Legal Profession Uniform Law (LPUL), which governs solicitors in NSW and Victoria, clearly stipulates that:
Read More DownloadSince the introduction of the Legal Profession Uniform Law (LPUL) it has become difficult, or even impossible, for law practices to seek recovery of unpaid costs and disbursements from their clients where:
Read More DownloadSince the introduction of the Legal Profession Uniform Law (LPUL) it has become difficult, or even impossible, for law practices to seek recovery of unpaid costs and disbursements from their clients where:
Read More DownloadCosts lawyers are often engaged to prepare expert reports and appear as expert witnesses in applications for gross sum costs orders, particularly in support of costs applications in major class actions. Parties in litigation are increasingly applying for gross sum costs orders to avoid the time and expense involved in the costs assessment process.
Read More DownloadEvidence provided by experts is essential to many court cases. When a party wins a court proceeding, a costs order is ordinarily made in that party’s favour, under which it can seek its costs of litigation from the other party. The entirety of the winning party’s costs is almost never recoverable.
Read More DownloadSection 204(2)(c) of the Legal Profession Uniform Law (LPUL), which governs solicitors in NSW, Victoria and Western Australia, clearly stipulates that ‘the costs of a costs assessment are payable by a law practice if the law practice's costs have been reduced by 15 per cent or more on assessment’ (subject to the discretion of the costs assessor).
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