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Law of Costs, 4th Edition

Law of Costs, 4th Edition

Author: Gino Dal Pont
Publisher: LexisNexis Australia
ISBN: 9780409348439
Published In: July 2018
Format: Paperback
Jurisdiction: Australia ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

Details

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

Part I - Costs Between Solicitor and Own Client
1. Retainer
2. Costs Agreement
3. Restrictions on the recovery of solicitor-client costs
4. Nature and process of solicitor and own client taxation
5. Allowances on solicitor and own client taxation

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-party costs quantification
16. Bases of taxation
17. Allowances on party and party taxation
18. Procedure relating to taxation
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 against 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

Gino Dal Pont is Professor, Faculty of Law, University of Tasmania. He is a graduate of the University of Tasmania (LLD) and the University of Michigan (LLM), and is admitted to practice in New South Wales, as well as a Certified Practising Accountant. He has written widely in the areas of the legal profession and equity and trusts, in particular, including three books in the LexisNexis "black and silver" series. Professor Dal Pont is also General Editor of Halsbury's Laws of Australia, author of the New South Wales Solicitors Manual, and a regular columnist on legal ethics issues. His teaching involves professional responsibility, trusts and tax.