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

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Entries Tagged as 'setting aside costs agreements'

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  Under the repealed but still operative Legal Profession Act 2004, lawyers could contract out in advance of the obligation to have their fees reviewed by taxation with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

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 […]

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

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

Client joy to abound in draft national profession legislation’s costs provisions

September 11th, 2011 · 3 Comments

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 […]

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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

Here’s why you should comply with the costs disclosure regime

February 6th, 2011 · No Comments

Quaresmini v Crouch & Lindon (a firm) [2010] FMCA 750 is a salutary tale. The lawyers did some work back in 2007. They sued the client for their unpaid fees and in 2009 got a default judgment having applied successfully for substituted service. Then in 2010, they bankrupted the client. 3 weeks out of time, […]

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

Is this the Legal Practice List’s biggest case?

October 9th, 2010 · No Comments

Virgtel Ltd v Gadens Lawyers [2010] VCAT 1584 might be VCAT’s Legal Practice List’s highest value case.  Not all that long ago in the scheme of things, I remember learning that VCAT had certain jurisdictions which were unlimited, and realising that — shock! — it might hear cases which the Magistrates’ Court could not hear.  […]

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Tags: Legal Practice Act · Legal Profession Act · Professional fees and disbursements · setting aside costs agreements · VCAT · VCAT Act

Solicitor’s equitable charge to secure fees declared void

October 19th, 2009 · No Comments

The plaintiff in Brott v Shtrambrandt [2009] VSC 467 is not having much luck.  First of all, he cut what he thought was a plea bargain in a professional misconduct prosecution only to have VCAT’s Legal Practice List increase by 50% the penalty he and the Law Insitute had agreed jointly to contend was appropriate, […]

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Tags: Costs agreements · No win no fee · Professional fees and disbursements · Retainers · setting aside costs agreements

Weiss v Barker Gosling

September 17th, 2009 · No Comments

Weiss v Barker Gosling (1993) 16 Fam LR 728; [1993] FamCA 58 is a decision of Fogarty J about an application to set aside a costs agreement and have the client’s debt to his solicitor for representing him in the Family Court quantified by a taxation on the Family Court Scale.  It really comes in […]

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

Procedure in applications to set aside costs agreements

August 9th, 2009 · No Comments

It costs about $290 to file an application to set aside a costs agreement under s. 3.4.32 of the Legal Profession Act, 2004 in VCAT.  It is not a step lightly to be taken.  Moreso than much of what goes on in VCAT, such applications are treated like litigation in a court.  Costs will be […]

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

Applications to set aside costs agreements

September 24th, 2008 · No Comments

This post has been sitting around as a draft waiting to be finished.  There is little chance of that for a long time.  So here is my incomplete annotation to s. 103 of the Legal Practice Act, 1996.  That is the provision which gives VCAT (formerly the Legal Profession Tribunal) jurisdiction to set aside costs […]

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Tags: costs disclosure defaults · Legal Practice Act · Professional fees and disbursements · Retainers · setting aside costs agreements