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Law of Costs, 4th edition
Law of Costs provides a comprehensive overview of the Australian law of costs in both the lawyer-client and the party-party context. It addresses all Australian jurisdictions (State and Federal), as well as costs in criminal matters, through the relevant statutes, court rules and case law.
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Product description
Law of Costs, 4th Edition brings together in one place the legislation, court rules and case law pertaining to the practice of the law of costs in Australia in both the lawyer-client and the party-party context. Accessible and comprehensive, Law of Costs addresses all Australian jurisdictions (state and Federal) and makes reference to the corresponding laws in the UK, Canda and New Zealand.
Written by esteemed author Professor Gino Dal Pont, Law of Costs examines the law that has developed surrounding how a solicitor or barrister should quantify and handle their own costs. It is a fundamental reference text which includes coverage of appropriate client fees, security for costs, solicitors’ liens, litigation funders and cost agreements.
Features
- Highly esteemed author
- Essential reference for all practitioners
- Multi-jurisdictional
Related Titles
Dal Pont, Law of Charity, 2nd edition, 2017
Dal Pont, Law of Limitation, 2016
Dal Pont, Law of Associations, 2018
Dal Pont & Mackie, Law of Succession, 2nd edition, 2017
Table of contents
1. Prologue
Part I – Costs Between Lawyer and Own Client
2. Retainer and Costs Disclosure
3. Costs Agreements
4. Restrictions of the Recovery of Lawyer-Client Costs
5. Assessment of Lawyer and Own Client Bills
Part II – Costs Between Party and Party
6. Jurisdiction and Discretion to Order Costs
7. The Costs Indemnity Rule
8. Ouster of General Rule that Costs Follow the Event
9. Public Interest and Test Case Litigation
10. Costs out of a Fund
11. Costs of Multiple Parties
12. Cost Sanctions for Proceedings in Wrong Court
13. Costs Consequences of Rejected Settlement Offers
14. Timing of Costs Order
Part III – Quantification of Party and Party Costs
15. Nature of Party-Party Costs Quantification
16. Bases of Costs Quantification
17. Allowances on Costs Quantifications Between Party and Party
18. Procedure Relating to Costs Quantification
19. Interest on Party and Party Costs
Part IV – Costs in Appeals
20. Appeals
21. Suitors’ and Appeal Costs Funds Legislation
Part V – Non-Party Costs Orders
22. Costs Orders and Non-Parties
23. Costs Orders Against Lawyers
Part VI – Costs in Criminal Cases
24. Costs in Criminal Cases
25. Costs in Criminal Cases Legislation
Part VII – Securing Costs Entitlements
26. The Retaining Lien
27. The Particular Lien
28. Nature of Security for Costs Order
29. Discretion to Order Security for Costs