this product is unavailable for purchase using a firm account, please log in with a personal account to make this purchase.

The LIV is currently closed to all visitors.

We are working remotely to deliver member services. For more information visit our 

COVID-19 Hub
Select from any of the filters or enter a search term

When is a bill not a bill?

When is a bill not a bill?

By Liz Harris

Management Practice & Procedure 

It is imperative that practitioners charge in accordance with the terms of the cost agreement. The Court of Appeal decision of Batrouney v Forster [2016] VSCA 80 (27 April 2016) is significant for practitioners in a number of respects, but this column looks at the obligation to render bills calculated in accordance with the terms of the cost agreement and otherwise complying with the legislation, and the consequences of a failure to do so. The solicitor, Forster, had entered into cost agreements with his clients providing, inter alia, that the charges were by reference to scale. However, he rendered lump sum invoices calculated by reference to time, and transferred money from trust in payment of these invoices.

The content you are trying to access is exclusive to LIV members*

To access your exclusive member content please click the 'Already a Member' button below and you will be redirected automatically.

Not a member but would like to find out about the value of LIV membership? Click the 'Become a Member' button below or call our membership team on (03) 9607 9470.

*Note that some content may be exclusive to specific types of members. If you would like to inquire about your access please contact the membership team on (03) 9607 9470.