The Victorian Legal Services Commissioner has published a report on his new proactive regulation of the profession. It tells how risk profiles of practices are being constructed with the assistance of academics to target trust audits and audits of firms more generally (a new thing for law practices which are not ILPs). It also tells […]
Entries Tagged as 'costs disputes'
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 Under the repealed but still operative Legal Profession Act 2004, lawyers could contract out in advance of the obligation to have their fees reviewed by taxation with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 […]
I’m chairing what should be a great seminar for litigators at Melbourne’s RACV Club on 28 August 2013. Judicial Registrar Meg Gourlay who is one of the two decision makers who is handling most of the solicitor-client taxations in the State at the moment is the lead singer, talking about the changes to Order 63 […]
For a long time after the new national profession legislation is introduced, if it is introduced in its present form, many lawyers are likely to find themselves restricted to charging scale, and not being able to recover their costs until there has been a taxation in the Costs Court, even when they have negotiated a […]
Tags: Costs agreements · costs disclosure defaults · costs disputes · No win no fee · Professional fees and disbursements · setting aside costs agreements · Solicitor client bills of costs · Taxations · The suit for fees
I’m giving a seminar on Wednesday: see http://bit.ly/npDJVY. I’m talking about Misconduct and Costs. The Supreme Court of Victoria’s Costs Judge, Associate Justice Jamie Wood, is talking about best practice in taxations of costs, and Liz Harris, the founder of Harris Costs Lawyers, is talking about costs agreements and risk management. I think it’s going […]
Lodging a civil complaint with the Legal Services Commissioner limits you to compensation of $25,000 per complaint
First of all, happy new year! The take-home point of this post is that if you lodge a civil complaint (e.g. a pecuniary loss dispute or a costs dispute) with the Legal Services Commissioner, you limit the amount of compensation you can get in VCAT to $25,000 because of s. 4.3.2(1)(c) of the Legal Profession […]
Here begins a series of posts on costs disclosure obligations under the Legal Profession Act, 2004, and the consequences of not complying with them. It is a work in process, and I would be grateful for any experiences of this area of the law you might have, and any authorities of interest which I have […]
In Michaels v Daley  VCAT 1205, Senior Member Howell advised that: ’12 It usually is an implied term of the engagement of a legal practitioner, at hourly rates, that the work will be performed efficiently. It is an implied term of the kind that “goes without saying”, to adopt the phrase used by the […]
July 14th, 2009 · Enter your password to view comments.
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In the latest Byrne v Marles ( VSC 210), Justice Beach seems to have found that any particular allegation made by a complainant may properly be characterised as both a civil and a disciplinary complaint. If the Legal Services Commissioner receives a complaint, she must investigate it to the extent it is a disciplinary complaint […]