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

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Entries Tagged as 'Wasted costs'

Latest on claims for the other side’s lawyers to pay your costs personally instead of their client

November 8th, 2009 · No Comments

Kelly v Jowett [2009] NSWCA 278 is the latest wasted costs case.  The lawyers against whom the order was made had tendered against them their own intra-office memorandum: ‘Your performance in the conduct of this matter has been pathetic. Your failure, given the recent transfer of these matters, to even have the courtesy to provide […]

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Tags: Party party costs · Professional regulation · Wasted costs

Victorian judges more amenable to sophisticated costs orders in cases of partial success only

August 15th, 2008 · No Comments

Update, 4 May 2009: For an example of these principles in operation in a professional negligence case in which proportionate liability was given effect to (I posted about the main decision here), see Sali v Metzke & Allen (No. 2) [2009] VSC 169, where the successful plaintiff’s costs were reduced by 30% because they raised […]

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Tags: Legal Profession Act · Party party costs · Wasted costs

Trial judge’s order that plaintiff’s solicitor pay costs personally overturned

August 12th, 2008 · No Comments

The New South Wales Court of Appeal overturned a trial judge’s order that the plaintiff’s solicitor personally pay costs of joining a particular party against whom leave to discontinue was successfully sought in the first days of the trial. The order was made under s. 348 of the NSW Legal Profession Act, 2004, in a […]

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Tags: Wasted costs

Substantial personal costs order application against solicitor fails

June 6th, 2008 · No Comments

The latest application for an order that a party’s solicitor pay the costs of proceedings personally is Whyked Pty Ltd v Yahoo!7 Pty Ltd [2008] NSWSC 477. In dismissing the application, Justice McDougall commented: ‘[185] In theory, the courts are open to all. In practice, access to the courts is often dictated by the availability […]

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Tags: Wasted costs

NSW Court of Appeal on advocates’ immunity for out of court work

May 20th, 2008 · No Comments

The NSW Court of Appeal dismissed an appeal from a decision finding that a solicitor was not immune from a negligence suit based on a failure to prepare evidence promptly, though its comments in relation to immunity were obiter dicta [102]. Although the evidence did get adduced after a change of solicitors and before the […]

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Tags: Advocates' Immunity · Barristers' immunity · defences · Forensic immunity · Negligence · Wasted costs

2nd edition of Professional Liability in Australia reviewed

October 18th, 2007 · No Comments

I was already a fan of the first edition of Judge Stephen Walmsley SC, Alister Abadee, and Ben Zipser‘s excellent Professional Liability in Australia, published by Thomson, and had been waiting for the new edition with interest. I got myself a copy the other day. It’s good, and there are substantial additions since the first […]

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Tags: Advocates' Immunity · Barristers' immunity · Book reviews · Causation · conflicts · defences · Discipline · doctors · duties of confidentiality · Duties to third parties · Ethics · Fair Trading Act · Fiduciary duties · Forensic immunity · Legal Profession Act · legal professional privilege · Legal writing · Limitations of actions · Misconduct · Negligence · Professional regulation · Proportionate Liability · Retainers · Striking off · two bites at the cherry · Uncategorized · Wasted costs

Full Federal Court explains its Rules’ wasted costs jurisdiction

September 22nd, 2007 · No Comments

In Macteldir Pty Limited v Roskov [2007] FCAFC 49, the subject of the last post but one, the Full Federal Court explained the ambit of Order 62 rule 9 of the Federal Court Rules (which is reproduced in the previous post): ‘The Relevant Principles [56] The parties generally accepted as correct the statements of principle […]

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Tags: Wasted costs

Advocates’ immunity and the wasted costs jurisdiction

September 20th, 2007 · No Comments

In Macteldir Pty Limited v Roskov [2007] FCAFC 49, my old firm Middletons convinced a unanimous Full Federal Court to pronounce sternly that advocates’ immunity may not be circumvented by a client seeking to invoke the wasted costs jurisdiction of the Court against its own former lawyers, and to re-emphasise emphatically that the wasted costs […]

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Tags: Advocates' Immunity · Barristers' immunity · Wasted costs