obiter | ByLawyers News and Updates
  • Publication updates
    • Federal
    • New South Wales
    • Victoria
    • Queensland
    • South Australia
    • Western Australia
    • Northern Territory
    • Tasmania
    • Australian Capital Territory
  • By area of law
    • Bankruptcy and Liquidation
    • Business and Franchise
    • Companies, Trusts, Partnerships and Superannuation
    • Conveyancing and Property
    • Criminal Law
    • Defamation and Protecting Reputation
    • Employment Law
    • Family Law
    • Immigration
    • Litigation
    • Neighbourhood Disputes
    • Personal injury
    • Personal Property Securities
    • Practice Management
    • Security of Payments
    • Trade Marks
    • Wills and Estates
  • Legal alerts
  • Articles
  • About
    • By Lawyers FAQs
    • Glossary of By Lawyers terms
    • Tips & Tricks
      • General user
      • LEAP user
    • Our authors
    • Leadership
    • Comments & suggestions
    • Contact
  • Question of the week
  • By Lawyers

101 Costs Answers – ALL STATES

6 November 2020 by By Lawyers

101 Costs Answers is the latest addition to the By Lawyers ‘101’ series of helpful reference materials.

Located in the Reference materials folder on every By Lawyers matter plan, this publication contains valuable commentary and precedents on all aspects of legal costs.

The precedents include all of the By Lawyers costs agreements/client services agreements and costs disclosures, drawn together from all By Lawyers publications into a convenient single publication.

The By Lawyers costs agreements are compliant with the strict requirements of the various state laws. They cater for all areas of law, with detailed recitals of the scope of work usually undertaken in each type of matter. This not only defines the retainer but makes it easy for practitioners to produce documents quickly upon engagement.

The 101 Costs Answers commentary includes:

Disclosure requirements

The commentary helps practitioners to navigate some of the more complicated disclosure requirements including regulated costs and the specific obligations for different types of litigation matters. The effect of non-disclosure is also covered.

Disbursements

Commentary on defining and recovering disbursements includes relevant case law and examples. The By Lawyers costs agreements are drafted to clearly identify usual disbursements.

Counsel’s fees

The commentary deals with the contractual relationship between solicitors and barristers as well as disclosure requirements. With the solicitor responsible for payment of counsel’s fees regardless of the solicitor’s agreement with the client, the By Lawyers costs agreements include counsel’s fees as specific disbursements which the client is obliged to pay.

Debt recovery

Where debt recovery is necessary, 101 Costs Answers contains letters of demand and example pleadings to assist with the recovery of costs. There is also detailed commentary on costs assessment procedures and the relevant forms for each state are available on the matter plan.

Like all By Lawyers publications, 101 Costs Answers contains interactive links to relevant legislation and cases, which are always kept updated.

Filed Under: Australian Capital Territory, Bankruptcy and Liquidation, Business and Franchise, Companies, Trusts, Partnerships and Superannuation, Conveyancing and Property, Criminal Law, Defamation and Protecting Reputation, Domestic Violence Orders, Employment Law, Family Law, Federal, Immigration, Litigation, Motor Vehicle Accidents, Neighbourhood Disputes, New South Wales, Northern Territory, Personal injury, Personal Property Securities, Publication Updates, Queensland, Restraining orders, Security of Payments, South Australia, Tasmania, Trade Marks, Traffic Offences, Victoria, Western Australia, Wills and Estates Tagged With: costs, costs agreements

Costs disclosure – Increase of legal rates during a matter

4 April 2019 by By Lawyers

Increase of legal rates during a matter

All By Lawyers Costs Agreements and Client Service Agreements have been updated to include a clause notifying a client that legal rates may increase during the course of a matter requiring a revision of the costs estimate provided. This clause provides for 30 days written notice of any proposed changes to legal rates. While such a clause is not required by Legal Profession legislation concerning costs disclosure requirements, providing such notice on initial costs disclosure is considered best practice.

All of our Guides contain Costs Agreements (Client Service Agreements for QLD Guides) within the folder ‘A. Getting the mater underway’. All of our agreements are compliant with the relevant Legal Profession legislation and are reviewed and updated regularly to ensure compliance.

Filed Under: Australian Capital Territory, Bankruptcy and Liquidation, Business and Franchise, Companies, Trusts, Partnerships and Superannuation, Conveyancing and Property, Criminal Law, Defamation and Protecting Reputation, Domestic Violence Orders, Employment Law, Family Law, Federal, Immigration, Litigation, Neighbourhood Disputes, New South Wales, Northern Territory, Personal injury, Personal Property Securities, Practice Management, Publication Updates, Queensland, Security of Payments, South Australia, Tasmania, Trade Marks, Victoria, Western Australia, Wills and Estates Tagged With: Client Service Agreement, costs agreements, costs disclosure, Increase legal rates

Matter type changes

18 December 2018 by By Lawyers

There has been a technical change to the structure of our Defamation & Protecting Reputation and Neighbourhood Disputes publications. They have been changed from federal matter types to state-based matter types.

Subscribers may notice that the title of the Defamation publication now includes a state name. This is nominative only. The content of the Defamation publication is unchanged and remains the same across all states.

For state-based guides and precedents to be visible from existing matters, LEAP Desktop users will need to change their matter type from Other areas of law > Miscellaneous > Disputes to Other areas of law > Disputes.

Filed Under: Australian Capital Territory, Defamation and Protecting Reputation, Federal, Neighbourhood Disputes, New South Wales, Northern Territory, Publication Updates, Queensland, South Australia, Tasmania, Victoria, Western Australia Tagged With: defamation, LEAP matter types, Neighbourhood disputes, reputation

Courts and tribunals – 1 July fee increases and legislation updates

2 July 2018 by By Lawyers

1 July always sees legislative changes, including increases to court fees. Happy New (financial) Year!

The following are some of the important changes commencing 1 July 2018. By Lawyers publications in each state have been updated as appropriate.

LITIGATION, CRIMINAL LAW, FAMILY LAW & DECEASED ESTATES

All States

Fee increases apply in all courts and tribunals.

Injury claims – where damages for permanent impairment and/or non-economic loss are subject to statutory caps (e.g. motor accidents and workers compensation legislation) these maximum amounts have been updated.

Defamation – the maximum amount of damages for non-economic loss available under the Uniform Defamation Law is now $398,500.

VIC Supreme Court

All documents for Supreme Court Common Law, Commercial Court and Costs Court matters must now be electronically filed using the RedCrest electronic filing platform. Court users will need to register. See the Supreme Court page ‘Electronic filing and case management’ and the commentary in the By Lawyers Victorian Supreme Court Guide

 

Filed Under: Australian Capital Territory, Criminal Law, Defamation and Protecting Reputation, Employment Law, Family Law, Federal, Litigation, Miscellaneous, New South Wales, Personal injury, Publication Updates, Queensland, South Australia, Tasmania, Victoria, Western Australia, Wills and Estates Tagged With: courts, defamation, District Court, fee increases, filing fees, litigation, Local Court, magistrates court, Supreme Court, VIC County Court

Defamation and Protecting Reputation

11 August 2016 by By Lawyers

Defamation and Protecting Reputation

OCTOBER
  • Costs Agreements
    • Disputes section improved, fields for client and firm details added, trust account details added, solicitor’s lien added, execution clauses for individuals and corporations added and general formatting and grammatical improvements.
    • VIC/NSW – included reference to time limit for bringing costs assessment included total estimate of legal costs section with provision for variables and included authority to receive money into trust.
    • WA – added clause on scale fees.
JUNE
  • Updated figure for damages for non-economic loss under section 35(3) of the Defamation Act 2005 updated for 2016. The figure is uniform across all jurisdictions.
MAY
  • Case Law – Succession – added new case under ‘Child Omitted from will’ heading – Brimelow v Alampi [2016] VSC 135.
  • Business structures – Comparative table – Included land tax for TAS WA ACT and NT.
APRIL
  • File Cover Sheets for all publications have been completely re-formatted for a better look.
MARCH
  • Defamation and Protecting Reputation is now available on By Lawyers.

 

Filed Under: Defamation and Protecting Reputation, Federal, Publication Updates Tagged With: defamation, protect, reputation

New Publication – Defamation

15 March 2016 by By Lawyers

As of today, our library of publications now includes a Defamation & Protecting Reputation publication.

It is a complete guide to acting in defamation and related areas of the law including privacy, breach of confidence, injunctive relief, Injurious falsehood, and misleading and deceptive conduct.

You can find out more about what documents, forms and commentaries the guide includes by looking through the Table of Contents.

You can also check out ‘Public shame – Justice and defamation in the digital age‘, an interesting article we posted on online shaming and the defamation law in Australia.

As always, if you have any questions, please email us at support@bylawyers.com.au.

 

Filed Under: Articles, Defamation and Protecting Reputation, Federal

Subscribe to our mailing list

* indicates required
Preferred State

Connect with us

  • Email
  • LinkedIn
  • Twitter

Copyright © 2020 · Privacy Policy
Created and hosted by LEAP · Log in