Legal costs Insights

COSTS UPDATE: SUCCESSFUL NSW REVIEW APPLICATION YIELDS 86% RECOVERY FOR CLIENT

Background Our instructing solicitor acted for the Defendant in the substantive proceedings seeking judgment for possession of land, as well as leave to issue a Writ of Possession. These proceedings were successfully defended, securing an order for costs on the ordinary basis. We prepared a fully itemised inter partes Bill ...

Caselaw update- Security for Costs and the threshold test

Kupang Resources Pty Ltd v Commonwealth of Australia (No 2) [2023] NSWSC 1337 8 November 2023 The Commonwealth filed a subsequent application for security (having initially obtained security of $500,000), submitting the threshold issue had been satisfied due to the following factors: - Kupang was under administration until 5 May ...
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Costs Assessor insights – Nominal Defendants

Rose Legal Costing has successfully acted on behalf of a law firm in a solicitor/client assessment involving a Nominal Defendant. Costs disclosure was not provided to the client meaning costs had to be assessed on a 'quantum meruit' basis. In addition, submissions were made on behalf of the client that ...

Summary: E Group Security Pty Ltd v Chief Commissioner of State Revenue (No 2) [2021] NSWSC 1296

Calderbank offers and the indemnity costs order Last week's case of E Group Security Pty Ltd v Chief Commissioner of State Revenue (No 2) [2021] NSWSC 1296 shows how difficult it can be in securing indemnity costs even where a party has beaten their own Calderbank offer. Key takeaways: When ...

COMMENCING A COST ASSESSMENT: DO NOT RUN OUT OF TIME!

Section 198 of the Legal Profession Uniform Law (LPUL) stipulates that if a solicitor or client wishes to commence a cost assessment, they must do so within 12 months of the ‘final’ invoice. (Note- this time frame only applies to solicitor/client assessments, not party/party assessments). S 198(4) LPUL enables a ...
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