Termination of a no-win no-fee retainer
Mr Burmingham is the subject of three posts already. They dealt with three discrete aspects of his case, Maurice B Pty Ltd v Burmingham [2009] VSC 20: a titillating detail, advocates’ immunity, and...
View ArticleSolicitor’s equitable charge to secure fees declared void
The plaintiff in Brott v Shtrambrandt [2009] VSC 467 is not having much luck. First of all, he cut what he thought was a plea bargain in a professional misconduct prosecution only to have VCAT’s Legal...
View ArticleVictorian Supreme Court takes relaxed approach to conditions for validity of...
Legal Services Board v DF [2011] VSC 292 will be of considerable interest to those who draft and work within no-win no-fee retainers. Justice Karin Emerton found that though Victoria’s repealed Legal...
View ArticleClient joy to abound in draft national profession legislation’s costs provisions
For a long time after the new national profession legislation is introduced, if it is introduced in its present form, many lawyers are likely to find themselves restricted to charging scale, and not...
View ArticleWhat does ‘pro bono’ mean? Are ‘semi-pro bono’ costs agreements legally...
Hidden away in Trkulja v Efron [2014] VSCA 76, at footnote 49, is a little dictum of the Chief Justice and Justice of Appeal Santamaria which explains their Honours’ understanding of the term ‘pro...
View ArticleThe latest on pro bono costs agreements which preserve the possibility of a...
For far too long, the law was unclear about whether costs agreements which said ‘We’ll only charge you if you win and only for work in respect of which we get a costs order’ actually worked. The...
View ArticleWhat can barristers charge for?
I gave a presentation at the really well organised Junior Bar Conference this year. The Bar sought questions which the junior barristers who attended wanted answers to. One question, which I thought...
View ArticleCosts recovery in pro bono cases in Victorian state courts: Part 1
I was asked to talk to my colleagues at the Victorian Bar recently in relation to costs recovery in pro bono cases. It is now more certain that costs may be recovered from the other side by litigants...
View ArticleCosts recovery in pro bono cases in Victorian state courts: Part 2
I was asked to talk to my colleagues at the Victorian Bar recently in relation to costs recovery in pro bono cases. It is now more certain that costs may be recovered from the other side by victorious...
View ArticleCosts recovery in pro bono cases in Victorian state courts: Part 3
I was asked to talk to my colleagues at the Victorian Bar recently in relation to costs recovery in pro bono cases. It is now more certain that costs may be recovered from the other side by victorious...
View Article
