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Lexis Nexis Law of Costs, 5th edition
An accessible guide to the burgeoning ‘legal costs industry’
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Product description
Law of Costs 5th edition comprehensively addresses the legislation, court rules and case law pertaining to the law of costs in each Australian jurisdiction, as well as federally, in both the lawyer-client and party-party contexts. The authoritative nature of this work is evidenced by its previous editions being judicially cited on hundreds of occasions. It remains the only dedicated scholarly treatment of Australian costs law in book form.
Book Review - Law Institute Journal | Stephen Warne | December 2022
Features
• brings the case law up to date
• reflects, from a costs standpoint, the wholesale alterations to civil procedure in South Australia
• emanating from the jurisdiction’s adoption of the Uniform Civil Rules 2020
• covers the substantive changes to the Northern Territory’s rules on settlement offers
Related Titles
• Burgess, Abandoning timesheets: Some lessons learned: CPD, 2016
• Legal Costs NSW, Legal Costs Victoria and Legal Costs South Australia (loose-leaf and online)
• Legg, Resolving Civil Disputes, 2016
• Zuckerman et al, Zuckerman on Australian Civil Procedure, 2018
Table of contents
- 1. Prologue
- Part I Costs Between Lawyer and Own Client
- 2. Retainer and Costs Disclosure
- 3. Costs Agreements
- 4. Restrictions on 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. Costs 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 and Party Costs Quantification
- 16. Bases of Costs Quantification
- 17. Allowances on Costs Quantification 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 Orders
- 29. Discretion to Order Security for Costs
