Staying Informed - Law Institute of Victoria

Dr Philip Bender and Charlie Schaffer 01 Aug 2021

Extreme caution should be taken when pleading fraud during civil proceedings in order to avoid adverse cost orders under the Civil Procedure Act 2010 (Vic) against client and practitioner.

Civil Procedure

Family Law judgments

Craig Nicol & Keleigh Robinson 01 Jul 2021

Systematic and continuing breaches of property orders warranted imprisonment for three years and 10 months.

Child Support Courts Family Court Judgment Practice & Procedure Real Property

Federal Court judgments

Dan Star QC 01 May 2021

Apprehended bias – trial judge does not recuse himself – Full Court held hypothetical observer might reasonably apprehend that the trial judge might be influenced subconsciously by extraneous information.

Consumer Law Courts Judgment Practice & Procedure

Family Law judgments

Robert Glade-Wright & Craig Nicol 01 Feb 2021

High Court sets aside stay order – Full Court misapplied res judicata and Anshun estoppel

Courts Family Court Judgment Practice & Procedure Real Property Young Persons

Supreme Court judgments

Dr Michael Taylor 01 Aug 2020

Costs – Whether incorporated legal practice entitled to costs order after acting for itself in proceeding

Courts Judgment

Costs central to class actions, conference told

Karin Derkley 25 Feb 2020

Cost considerations are central to class actions practice, Slater and Gordon class actions group leader Andrew Paull told the LIV National Costs Law Conference...

Costs: Think twice about acting for yourself

Jenny Young 01 Dec 2019

A recent High Court decision affects the recovery of costs when lawyers act for themselves...

Party-party Taxations – when a winning party might actually be the loser

LIV Costs Law Executive Committee 19 Sep 2019

The impact of Supreme Court (General Civil Procedure) Rules 2015 63.85 can be a serious impediment to a winning party maximising costs recovery when taxing costs...

Access to Justice Civil Procedure Courts Litigation

Entitlement to interest on refund of legal costs paid

Janine Wirth 01 Jul 2019

A Costs Court review of legal costs pursuant to the Legal Profession Act 2004¹ cannot be classified as a debt recovery proceeding. Interest is only payable from quantification of any refund due...

Consultation on revised alternative disclosure forms

Costs Law Section 14 Feb 2019

The Law Institute of Victoria has submitted feedback on the proposed revised alternative disclosure forms.

Advocacy Courts

Proposed changes to costs disclosure thresholds under the Uniform Law

Costs Law Section 21 Aug 2018

The Law Institute of Victoria provided input on the possible revision of the costs disclosure thresholds contained in the Legal Profession Uniform Law Application Act 2014.

Advocacy Courts

No longer a victim

Norman Mermelstein 01 Aug 2018

When a tenant is liable for the landlord’s legal fees, the tenant often feels exposed to excessive and/ or unjust costs with little remedy. Relief is available...

Real Property

Costs recovery tips

John Colonna 01 Jun 2018

How to maximise costs recovery for your client. As a costs lawyer, I am frequently asked by practitioners the following. “My client has an order for costs in their favour. How do I...

Prevent bill shock and avoid complaints

Mark Bellamy 01 Jun 2018

Last year 52 per cent of complaints about lawyers were consumer disputes involving legal costs. As the Legal Profession Uniform Law’s delegated local regulatory authority in this state...

Dispute Resolution

Federal Court judgments

Dan Star QC 03 Apr 2018

In Migration Agents Registration Authority v Frugtniet [2018] FCAFC 5 (30 January 2018), the Full Court considered whether the privilege against exposure to a penalty (penalty privilege) was available to a respondent...

Courts Judgment

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