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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...
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Costs Law Section 14 Feb 2019
The Law Institute of Victoria has submitted feedback on the proposed revised alternative disclosure forms.
Advocacy Courts
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.
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
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...
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
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
Ben Wyatt 03 Apr 2018
How do you challenge those bank legal fees for discharge of mortgage?...
Karin Derkley 14 Mar 2018
Itemised billing is a time-consuming and costly process that has the potential to undermine maximum costs recovery, says costs law accredited specialist Cate Dealehr...
LIV Professional Development 26 Feb 2018
The LIV’s legal costings team is often asked “how do I maximise costs recovery?” Unfortunately, this is usually asked after the hard work is done and proceedings have been finalised...
Finance Practice & Procedure
Karin Derkley 06 Dec 2017
The Legal Services Council is looking into a costs disclosure concept it says will create a more harmonised approach across jurisdictions and provide better protection for both law practices and consumers...
Practice Management Uniform Laws
Jill Grace 01 Dec 2017
The Federal Court delivered judgment on 4 July 2017 in the matter of LFDB v SM (No 4) [2017] FCA 753 in which it considered, inter alia, the lump sum provisions of the Federal Court Costs Practice Note (GPN-COSTS) 25 October 2016...
Finance
Fiona Mullen 02 Oct 2017
Partial indemnity is the reality for inter partes indemnity costs orders...
Gino Dal Pont 01 Sep 2017
Access to justice has increasingly become a catch-cry that the legal profession has been invited to address. Professional discipline for overcharging nonetheless remains as a critical vehicle to police illegitimate impediments in this regard...
Access to Justice Ethics
Guy Donovan 01 Sep 2017
Claiming costs in a pro bono matter can be problematic due to the indemnity principle, that is, costs cannot be awarded in favour of a party unless they have an obligation to pay their lawyer’s fees...
Access to Justice
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