Supreme Court sets aside default judgment in Magistrates’ Court and refers the fees to taxation instead of remitting suit for fees

Davey v Costanzo Lawyers Ltd [2021] VSC 449 is episode # c. 898 in my series  about suits for fees, ‘Many a Slip Twixt Cup and Lip’. A family law firm whose website modestly explains that they are the ‘best family lawyers’ sued its former client for professional costs and barristers’ fees for work done in …

Think twice before agreeing to punt an appeal where you and the other side are unpaid in relation to round one

Update, 19 March 2021: My Sydney colleague, Andrew Bailey, drew my attention to Longjing Pty Ltd v Perpetual Nominees Ltd [2017] NSWSC 1690 at [40]ff, which is to similar effect. Original post: In Carter v Mehmet [2021] NSWCA 32, the Court granted the respondents’  security for costs application in part because the appellant’s solicitors had much to …

Powers of compulsion and the privilege against penalties

Justice Blue’s clear and thorough reasons in Bell v Deputy Coroner of South Australia [2020] SASC 59 usefully rehearse and summarise the law relating to the privilege against penalties, its application in non-curial settings, and the circumstances in which an intention will be imputed to parliament to abrogate the privilege, including in the situation where …

Costs of the lawyer litigant: judgments all over the place

Update, 7 November 2018: the pendulum is certainly swinging in favour of pro se barristers being entitled to scale costs if they win: Pentelow v Bell Lawyers Pty Ltd [2018] NSWCA 150; Lake v Municipal Association of Victoria (No 2) [2018] VSC 660. Update, 30 November 2017: The Full Court of the Tasmanian Supreme Court …

2016: Not Such a Good Year (Part 5: The Election to Get Rid of the Pesky Cross-bench)

Australian election Yes, it was also an election year. It was a perfectly orderly festival of democracy in which people got who they voted for with little corruption and a retreat from the two party duopoly to spice things up a bit.  I do not mean by including a report of the election to suggest …

Lessons from a tome in the dome on the assignment of suits’ fruits

Cruelly, the Legal Services Commissioner prosecuted my client recently for disbursing monies from his trust account to the wrong person, albeit without the slightest dishonest intent, which he said would be regarded by competent and reputable peers as disgraceful or dishonourable.  I say ‘cruelly’ because he made me go to the Supreme Court Library, and …

Proving a loss for insurance purposes; inadequacy of reasons as an appeal ground

In Kalloghlian v Chubb Insurance Company of Australia Ltd [2016] NSWSC 902 (the Court’s summary is here), a man said he purchased a Rolex in Syria in 2005.  He insured his things with Chubb against loss anywhere in the world.  The policy was described as ‘Deluxe’.  It specifically insured items  which the insured owned as well as things he …

Advocates’ immunity: at once more powerful and narrower than most yet understand

Advocates’ immunity was, until recently, more powerful than many lawyers were aware. Since the 1 July 2015 introduction of the Legal Profession Uniform Law and the High Court’s May 2016 decision in Attwells v Jackson Lallic Lawyers Pty Limited,[1] however, it may be narrower than many realise. And perhaps not everyone is aware that the …

Applications to extend time to tax lawyers’ bills: keep ’em tight

Many disputes about costs are still governed by the Legal Profession Act 2004.  It specified as the time in which to seek taxation a period of 12 months.  Where a bill is given, the 12 month period starts from the date of service of the bill.  But since Collection Point Pty Ltd v Cornwalls Lawyers …

Man fails to set aside compromise of taxation of costs despite drunkenness from allergy tablets

A man took 5 times his usual dose of phenergan before a mediation in a Costs Court matter in which he sought to tax his former solicitor’s fees.  Represented by a solicitor, he settled the taxation.  It is an interesting footnote that the man’s solicitor was from the rather wonderfully named Coolabah Law Chambers, and …

2015, not such a good year (part 4: domestic politics and refugees)

Domestic politics Speaking of Islamic head coverings, that most inappropriate speaker Bronwyn Bishop (see www.bronwyn.com.au) fell off the perch. Three weeks into Choppergate, Ms Bishop acknowledged that after commandeering a chopper at your and my expense to a Liberal fundraiser in Geelong of all places was ‘completely ridiculous’, leading to close analysis of her previous expense …