Stephen Warne on professional negligence, regulation and discipline around the world

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Entries Tagged as 'Party party costs'

Is solicitor-director of ILP which acted for him to be treated as self-represented?

June 6th, 2014 · No Comments

A NSW solicitor was partially successful in a defamation suit.  But for the circumstance that he had retained an incorporated legal practice with which he was associated and for part of the time the director and the file handler, the Court was willing to order the defendant to pay his costs on an indemnity basis.  […]

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Tags: Costs agreements · Incorporated legal practices (ILPs) · Indemnity principle · Party party costs · Professional fees and disbursements · Solicitor litigants

Latest on whether barrister-litigants can recover legal fees for their own work

May 8th, 2014 · No Comments

The award of costs is by way of an indemnity — usually only a partial indemnity — against out of pocket expenses and the cost of legal services reasonably incurred in litigation.  Except in no-costs jurisdictions, everyone can usually recover their out of pocket expenses, but only those who incur a liability for fees charged […]

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Tags: Party party costs

What does ‘pro bono’ mean? Are ‘semi-pro bono’ costs agreements legally efficacious?

April 29th, 2014 · No Comments

Hidden away in Trkulja v Efron [2014] VSCA 76, at footnote 49, is a little dictum of the Chief Justice and Justice of Appeal Santamaria which explains their Honours’ understanding of the term ‘pro bono’: ‘In current legal practice, the expression ‘pro bono basis’ is understood to refer to the basis where a practitioner offers […]

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Tags: Costs agreements · No win no fee · Party party costs · pro bono · Professional fees and disbursements

SCNSW’s Nine Commandments of Interlocutory Applications in a Civil Procedure Act world

April 21st, 2014 · No Comments

In Tugrul v Tarrants Financial Consultants Pty Limited [No 5] [2014] NSWSC 437, Kunc J, deciding the fifth interlocutory matter in a proceeding, gave a warning to the profession about the need to try hard to resolve interlocutory skirmishes including picking up the telephone.  It was a little reminiscent of the Victorian Court of Appeal’s […]

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Tags: Civil Procedure Act 2010 (Vic) · Party party costs

VSCA orders solicitor director of incorporated legal practice to pay costs personally because veil ‘gossamer thin’

April 15th, 2014 · No Comments

Lillas and Loel Lawyers Pty Ltd v Celona [2014] VSCA 70 is just a little decision about the costs of an appeal, but it seems to me to be interesting indeed. That is because the Court was prepared to look through the ‘gossamer thin’ veil between James Loel and Lillas and Loel Lawyers Pty Ltd, […]

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Tags: Party party costs

Switch from party-party to standard basis not retrospective per SCV

September 5th, 2013 · No Comments

Update, 23 September 2013:  See also, to similar effect, but in relation to the Federal Court’s Rules: Territory Realty Pty Ltd v Garraway (No 3) [2013] FCA 914.  And in Metlife Insurance Ltd v Montclare, 4 September 2013, the Costs Judge, Wood AsJ, found that interlocutory orders made prior to 1 April 2013 may still […]

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Tags: costs disclosure defaults · Party party costs · Professional fees and disbursements

How much success warrants costs? Nominal damages enough?

January 29th, 2013 · No Comments

In the case the subject of the last two posts, Justice Black summarised the law about just how successful a claimant need be before the rule that costs follows the event will presumptively kick in. The reasons in Barescape Pty Limited as trustee for the V’s Family Trust v Bacchus Holdings Pty Limited as trustee […]

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Tags: Party party costs

Entitlement to costs of claimants enjoying mixed success in their own claim

January 29th, 2013 · No Comments

In the case the subject of the last post, Justice Black summarised the law about when the winner may be deprived of the costs associated with issues which it contested and lost: Barescape Pty Limited as trustee for the V’s Family Trust v Bacchus Holdings Pty Limited as trustee for The Bacchus Holdings Trust (No […]

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Tags: Party party costs

Costs where different winners on claim and counterclaim

January 29th, 2013 · No Comments

Barescape Pty Limited as trustee for the V’s Family Trust v Bacchus Holdings Pty Limited as trustee for The Bacchus Holdings Trust (No 12) [2012] NSWSC 1591 is a substantial judgment in relation to costs in a complex matter.  At [6] Justice Black summarised the law where a claimant is successful but unsuccessful in a counterclaim, […]

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Tags: Party party costs

Costs of an application to set aside a default judgment

August 13th, 2012 · No Comments

From memory, Williams is a bit light on when it comes to authority for the general rules guiding the exercise of discretion in relation to costs following an application to set aside a default judgment, so here’s some from the Supreme Court of the ACT, in a case between a lawyer and a legal regulator, […]

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Tags: Party party costs