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Building Dispute Clients Recover $28,000 After Challenging Former Lawyers' Fees

Our clients engaged a law firm in late 2022 to assist with a building dispute concerning significant defects in their dream home.


Over the following two and a half years, the firm carried out work including attending a Domestic Building Dispute Resolution Victoria (DBDRV) conciliation conference, corresponding with the builder, reviewing documents and providing ongoing legal advice.


As the matter progressed, the clients became concerned about the legal fees they had been charged and sought independent advice from Law In Check.


Law In Check was instructed in February 2026 to review the former solicitor's legal costs.


After obtaining the invoices, costs agreements, disclosure documents and trust records, we identified several concerns regarding the costs charged and the conduct of the retainer.


Following our review, we prepared preliminary advice for the clients and commenced proceedings in the Supreme Court of Victoria Costs Court by filing a Summons for Taxation.


During the proceedings, a number of procedural issues arose, including an application for an extension of time and discussions regarding whether the work had been carried out under one retainer or two separate retainers.


Despite these issues, we continued to progress the matter and engaged in settlement negotiations on our clients' behalf.


After proceedings had commenced, the former law firm initially made an offer to settle the matter for $15,000.


Following further negotiations by Law In Check, the parties ultimately agreed to settle the dispute for $28,000, almost double the original offer.


The settlement was reached before the extension of time application proceeded to hearing, allowing the clients to resolve the matter without the additional cost, delay and uncertainty of contested court proceedings.


Settlement funds were paid to the clients in June 2026, bringing the matter to a successful conclusion.


Many people assume that once they have paid their lawyer's invoices, there is little they can do if they later believe the fees were excessive.


This case demonstrates that, even where legal work has been completed and significant time has passed, there may still be options available to challenge legal costs.


Every matter depends on its own facts, including the costs disclosure provided, the work performed and the applicable time limits. Obtaining independent advice early can help identify whether there are grounds to dispute legal fees and recover money that should not have been charged.


If you believe you have been overcharged by your lawyer, Law In Check can review your legal costs and advise you on the options available.