Practice and procedure – Costs – Work performed by employed solicitor – Where first and second respondents are remaining partners of unincorporated law firm which obtained costs order against appellants – Where costs were sought for work undertaken by employed solicitors of unincorporated law firm – Whether order for costs in favour of an unincorporated law firm entitles firm to obtain recompense for legal work performed by employed solicitors of firm.
Words and phrases – "assessment of costs", "Chorley exception", "employed solicitor", "general common law principle", "general rule", "in-house lawyer rule", "in-house solicitor rule", "indemnity", "lawyer-client relationship", "legal services", "order for costs", "partner", "professional detachment", "professional fees", "quantification", "remuneration", "self-represented litigant", "unincorporated law firm".
Civil Procedure Act 2005 (NSW) – ss 3, 98.
Legal Profession Uniform Law Application Act 2014 (NSW) – Pt 7, Div 3.
Supreme Court Act 1986 (Vic) – s 3.
Judgment date
Case number
S52/2024
Before
Gageler CJ, Gordon, Edelman, Steward, Gleeson, Jagot, Beech-Jones JJ
Catchwords