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

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Entries Tagged as 'costs disclosure defaults'

Applicant brings case beyond jurisdiction; respondent doesn’t take the point until the last minute; no one gets costs

May 1st, 2017 · No Comments

Jasmin Solar Pty Ltd v Fitzpatrick Legal Pty Ltd [2017] VSC 220 is a little case, but it is instructive about a number of things: solicitor-client taxations can take an awfully long time; some businesses probably don’t understand that they are ‘commercial clients’ and so fail to negotiate rights in lieu of the rights to seek […]

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Tags: Costs agreements · costs disclosure defaults · Legal Profession Uniform Law · Professional fees and disbursements · Taxations

What can barristers charge for?

April 21st, 2017 · No Comments

I gave a presentation at the really well organised Junior Bar Conference this year.  The Bar sought questions which the junior barristers who attended wanted answers to.  One question, which I thought odd, but which I answered  earnestly, was ‘What can a barrister charge for?’  This was my answer: The starting position is freedom of […]

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Tags: Costs agreements · Costs Court · costs disclosure defaults · costs disputes · Legal Profession Uniform Law · No win no fee · Professional fees and disbursements · Wasted costs

Too broad a range of estimates of total costs causes NSW solicitor great grief

November 30th, 2016 · No Comments

Frontier Law Group Pty Ltd v Barkman [2016] NSWSC 1542 is an ex tempore decision of Justice Slattery in an urgent application to extend the operation of a caveat lodged by solicitors over their client’s property.  The application failed in part because the solicitors did not prove, even to the prima facie level required in such […]

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

A little case about a barrister suing a solicitor for fees

July 14th, 2016 · No Comments

Barnet Jade has given us an admirably constructed decision of Assessor Olischlager, a no-doubt busy decision maker in the Small Claims Division of the Local Court in NSW.  Dupree v Russo [2016] NSWLC 8 was a barrister’s suit for fees against a solicitor.  Call me a dag, but it is always a pleasure to find diligent, […]

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Tags: Costs agreements · costs disclosure defaults · Legal Profession Act · Professional fees and disbursements · The suit for fees

When can lawyers contract out of taxation (part 3)

December 10th, 2015 · No Comments

This is part 3 of a post about the circumstances in which lawyers can avoid having their fees taxed.  Parts 1 and 2 are here and here.  In GLS v Goodman Group Pty Ltd [2015] VSC 627, Macaulay J held that an accord and satisfaction which was found to have been made in relation to fees […]

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Tags: Costs agreements · costs disclosure defaults · Professional fees and disbursements · Taxations · Uncategorized

When can lawyers contract out of taxation? (part 1)

December 6th, 2015 · No Comments

Often enough, lawyers would love to avoid having their costs taxed.  Under the repealed but still operative Legal Profession Act 2004, lawyers could contract out in advance of the obligation to have their fees reviewed by taxation with ‘sophisticated clients’, but I do not recall ever having seen anyone attempt to do so. When lawyers […]

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Tags: Costs agreements · costs disclosure defaults · costs disputes · Legal Profession Act · Professional fees and disbursements · setting aside costs agreements · Taxations · The suit for fees

Transitional arrangements for costs provisions of Legal Profession Uniform Law

June 21st, 2015 · No Comments

Further update, 15 February 2017: The Victorian Legal Services Commissioner has formally advised me, and authorised me to tell you, that he will treat the transitional provisions as meaning that where the solicitor’s retainer is governed by the 2004 Act, so too will barristers’ retainers by the solicitor be governed by that Act, even if the […]

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

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 […]

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

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

Limit on the unrecoverability of unusual expenses principle in Victoria

September 30th, 2012 · 1 Comment

I had to read Abrahams v Wainwright Ryan [1998] VSC 335; [1999] 1 VR 102 from start to finish recently.  I noticed the paragraph the subject of this post which, it seems to me, might be useful in arguing in Victoria against a submission in a solicitor-client taxation that an expense should not be allowed […]

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