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

The Australian Professional Liability Blog random header image

Entries Tagged as 'Costs agreements'

What does an indemnity costs order actually get you?

October 7th, 2014 · No Comments

On 3 October 2014, Besanko J decided in Bob Jane Corporation Pty Ltd v ACN 149 801 141 Pty Ltd [2014] FCA 1066 that an order of a fellow judge that one party pay the other’s costs on an indemnity basis, which did not specify that the costs were to be assessed by reference to the […]

[Read more →]

Tags: Costs agreements · Party party costs · Professional fees and disbursements

What orders ought follow the setting aside of a costs agreement?

October 3rd, 2014 · No Comments

BGM v Australian Lawyers Group Pty Ltd [2014] WASC 290 (S) is a decision confined to questions about what ought to follow from a Court coming to a view that a costs agreement ought to be set aside.  Three matters are of interest: 1.  The Court took the view that it followed as a matter […]

[Read more →]

Tags: Costs agreements · Professional fees and disbursements · setting aside costs agreements

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.  […]

[Read more →]

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

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 […]

[Read more →]

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

Application to set aside costs agreements for disclosure defaults fails

March 3rd, 2014 · No Comments

A decision of the Supreme Court of Queensland has made clear what ought to be more obvious than it appears to be, namely that costs disclosure defaults will not result in the setting aside of a costs agreement in the absence of evidence that the non-disclosures had some effect on the client’s decision to enter […]

[Read more →]

Tags: Costs agreements · costs disclosure defaults · Professional fees and disbursements · setting aside costs agreements

What do you need to plead in a suit for fees?

March 20th, 2012 · No Comments

I have posted before about what needs to be pleaded in a modern suit for fees: see this post and the posts linked to within it.  Today I have come across a decision in which the failure to plead that which many people think need not be pleaded resulted in a semi-successful application to set […]

[Read more →]

Tags: Costs agreements · costs disclosure defaults · Professional fees and disbursements · Solicitor client bills of costs · The suit for fees

Value pricing

March 1st, 2012 · 2 Comments

What follows are my rambling first thoughts about value pricing, penned without having read any of the leading treatises on the question, and without having read any sophisticated value pricing-based retainers.  I am most willing to be shown the nuances and possibilities overlooked in my preliminary explorations.  I am not wedded to any of the […]

[Read more →]

Tags: Costs agreements · Professional fees and disbursements

Gross overcharging penalties surveyed

February 29th, 2012 · No Comments

In Legal Profession Complaints Committee v PJO’H [2011] WASAT 95 (S), delivered on 20 February 2012 and not yet on Austlii, the Tribunal helpfully reviewed the penalties awarded in the gross overcharging cases over the years before suspending the respondent from practice for 6 months (the Committee wanted 18).  Two other things are notable about […]

[Read more →]

Tags: Costs agreements · gross overcharging · Misconduct · Professional fees and disbursements

Important new case on when retainer by multiple clients will be taken to be several rather than joint

February 22nd, 2012 · 1 Comment

I have always been a bit dubious about the proposition to be found in the texts that in the absence of specification one way or the other, a multiple retainer is presumed to be a several retainer (so that the clients are severally responsible for their fair share of the costs) rather than a joint […]

[Read more →]

Tags: Costs agreements · Professional fees and disbursements · Retainers · The suit for fees

Solicitors’ exposure to falling between two stools in solicitor-client taxations revealed

October 18th, 2011 · No Comments

Update, 16.2.12: See now Ipex ITG Pty Ltd v McGarvie [2011] VSC 675. Original post: A recent decision of the Supreme Court’s Costs Court means that solicitors have only a non-extendable 60 days in which to seek taxation of counsel’s fees, even though clients and third party payers have an extendable 12 months in which […]

[Read more →]

Tags: Costs agreements · costs disclosure defaults · Professional fees and disbursements · Retainers · Solicitor client bills of costs · Taxations