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

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Entries Tagged as 'Solicitor client bills of costs'

Bills of costs must be signed by principals or employees: what does that mean?

October 10th, 2007 · 1 Comment

Update: 6 January 2008: Pinna v Kuek [1999] VSC 204 is a decision about the correlative section under s. 107, Legal Practice Act, 1996, which said (2) A bill of costs - (a) must be signed by - (i) the legal practitioner…'. O'Bryan J held that a letter signed by the legal practitioner enclosing [...]

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

Unrepresented barristers' entitlement to costs in cases involving them personally

September 21st, 2007 · No Comments

In Winn v GHB [2007] VSC 360, a barrister was personally a party in some litigation. She was admitted in Victoria but at the relevant time was practising in Brisbane under a Queensland practising certificate. She taxed her solicitors' fees, and acted for herself. She appealed successfully from the order of the Taxing Master. [...]

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Tags: Solicitor client bills of costs · Taxations

Arbitrators slice $40 million off plaintiff lawyers' breast implant proceedings fees

July 20th, 2007 · No Comments

22 July Update: what may be the first ever legal blog, and without doubt one of the best, Overlawyered hasĀ  a link to the arbitrator's ruling, and links to some old posts dealing with the interlocutory stages of the case. And here's Law.com's article.
Houston plaintiff lawyer John O'Quinn has been ordered to repay clients $40 [...]

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Tags: Ethics · Fiduciary duties · Misconduct · Professional fees and disbursements · Solicitor client bills of costs · Taxations · costs disclosure defaults · gross overcharging · litigation ethics

Unconscionability and legal fee estimates, again

July 14th, 2007 · No Comments

The law of unconscionable conduct has been rolled out again as a vehicle to adjust lawyers' fees in the same way as they might be in a civil costs dispute under the Legal Profession Act, 2004, but in a case to which that Act's regime did not apply. It has happened once before to my [...]

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Tags: Fair Trading Act · Legal Practice Act · Professional fees and disbursements · Solicitor client bills of costs · VCAT · costs disclosure defaults · costs disputes

Supreme Court authority on setting aside costs agreements

September 20th, 2006 · No Comments

Update, 21 April 2008: see the decision on appeal: McNamara Business and Property Law v Kasmeridis [2007] SASC 90.

Original post: Kesmeridis v McNamara Business and Property Law [2006] SASC 200 is a decision of a Master of the Supreme Court of South Australia. Decisions in such applications in Victoria are heard by the members of [...]

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Tags: Professional fees and disbursements · Solicitor client bills of costs · setting aside costs agreements

VCAT has no jurisdiction over Family Court fee disputes

September 3rd, 2006 · 1 Comment

VCAT does not have jurisdiction over costs disputes in relation to Family Court cases or to state Magistrates' Courts exercising the Family Court's jurisdiction (except to the extent it is exercising jurisdiction under ss 35 or 35B of the Bankruptcy Act, 1966), but does have jurisdiction in relation to costs disputes in relation to Federal [...]

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Tags: Professional fees and disbursements · Solicitor client bills of costs · Taxations · costs disputes · setting aside costs agreements

Winner gets indemnity costs but recovers less when loser proves winner's costs agreement with his solicitors void

August 31st, 2006 · No Comments

Casey v Quabba [2006] QCA 187
As reported in Lawyers Weekly, the Queensland Court of Appeal said the trial judge should have allowed the unsuccessful party in litigation to call for and challenge the validity of the successful party's costs agreement with his solicitor in a party-party taxation of costs on an indemnity basis. Further, the [...]

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Tags: Professional fees and disbursements · Solicitor client bills of costs · Taxations · setting aside costs agreements

The new r. 3.4.3, Legal Profession Regulations, 2005 (Vic.)

January 1st, 1970 · No Comments

Section 15 of the Legal Profession (Amendment) Regulations, 2007 inserted a new s. 3.4.3 into the Legal Profession Regulations, 2005 (Vic.). This is it, with my parenthesised interpolations:
'3.4.3 Interest on unpaid legal costs
(1) This regulation is made for the purposes of section 3.4.21(4) of the [Legal Profession Act, [...]

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Tags: Legal Profession Act · Professional fees and disbursements · Solicitor client bills of costs