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 ...

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 ...

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 ...

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 ...

Rose Legal Costing (RLC) has successfully set aside the determination of a costs assessor, through the Review Application process, due to a law firm’s failure to comply with their disclosure requirements. RLC received instructions from a lay client who had previously instructed the Review Respondent law firm to act on ...