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Law of Costs e4

Law of Costs e4

By Gino Dal Pont

Law of Costs provides a comprehensive overview of the Australian law of costs in both the lawyer-client and the party-party context. It addresses all Australian jurisdictions (State and Federal), as well as costs in criminal matters, through the relevant statutes, court rules and case law.

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  • Full description

    Law of Costs provides a comprehensive overview of the Australian law of costs in both the lawyer-client and the party-party context. It addresses all Australian jurisdictions (State and Federal), as well as costs in criminal matters, through the relevant statutes, court rules and case law.

    Law of Costs, 4th Edition brings together in one place the legislation, court rules and case law pertaining to the practice of the law of costs in Australia in both the lawyer-client and the party-party context. Accessible and comprehensive, Law of Costs addresses all Australian jurisdictions (state and Federal) and makes reference to the corresponding laws in the UK, Canda and New Zealand.

    Written by esteemed author Professor Gino Dal Pont, Law of Costs examines the law that has developed surrounding how a solicitor or barrister should quantify and handle their own costs. It is a fundamental reference text which includes coverage of appropriate client fees, security for costs, solicitors’ liens, litigation funders and cost agreements.

  • About the author

    Gino Dal Pont is a Professor of Law at University of Tasmania. He is a graduate of the University of Tasmania (LLD) and the University of Michigan (LLM), is admitted to practice in New South Wales, and is also a Certified Practising Accountant. He has written widely in multiple areas of law, including six books in the LexisNexis Black and Silver series. Professor Dal Pont is General Editor of Halsbury’s Laws of Australia, author of the New South Wales Solicitors Manual, and a regular columnist on legal ethics issues. His teaching involves professional responsibility, trusts and tax.

     

  • Product details

    ISBN: 9780409348446

    Published: 2018

    Format: Hardcover

  • Table of contents

    1. Prologue

    Part I – Costs Between Lawyer and Own Client

    2. Retainer and Costs Disclosure
    3. Costs Agreements
    4. Restrictions of the Recovery of Lawyer-Client Costs
    5. Assessment of Lawyer and Own Client Bills

    Part II – Costs Between Party and Party

    6. Jurisdiction and Discretion to Order Costs
    7. The Costs Indemnity Rule
    8. Ouster of General Rule that Costs Follow the Event
    9. Public Interest and Test Case Litigation
    10. Costs out of a Fund
    11. Costs of Multiple Parties
    12. Cost Sanctions for Proceedings in Wrong Court
    13. Costs Consequences of Rejected Settlement Offers
    14. Timing of Costs Order

    Part III – Quantification of Party and Party Costs

    15. Nature of Party-Party Costs Quantification
    16. Bases of Costs Quantification
    17. Allowances on Costs Quantifications Between Party and Party
    18. Procedure Relating to Costs Quantification
    19. Interest on Party and Party Costs

    Part IV – Costs in Appeals

    20. Appeals
    21. Suitors’ and Appeal Costs Funds Legislation

    Part V – Non-Party Costs Orders

    22. Costs Orders and Non-Parties
    23. Costs Orders Against Lawyers

    Part VI – Costs in Criminal Cases

    24. Costs in Criminal Cases
    25. Costs in Criminal Cases Legislation

    Part VII – Securing Costs Entitlements

    26. The Retaining Lien
    27. The Particular Lien
    28. Nature of Security for Costs Order
    29. Discretion to Order Security for Costs

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