Category Archives: Costs

Costs, LAW FIRM, Pleadings, Practice and Procedure

Queensland v J L Holdings Pty Ltd [1997] HCA 1

January 14, 1997 Legal Helpdesk Lawyers

ON 14 JANUARY 1997, the High Court of Australia delivered Queensland v J L Holdings Pty Ltd [1997] HCA 1; (1997) 189 CLR 146; (1997) 141 ALR 353; (1997) 71 ALJR 294 (14 January 1997).

http://www.austlii.edu.au/au/cases/cth/HCA/1997/1.html

Per Dawson, Gaudron and McHugh JJ (at 154):

“Case management is not an end in itself. It is an important and useful aid for ensuring the prompt and efficient disposal of litigation. But it ought always to be borne in mind, even in changing times, that the ultimate aim of the court is the attainment of justice and no principle of case management can be allowed to supplant that aim.”

The decision has since been used as an authority for the propositions that (1) doing justice between the parties is paramount to the court’s use of discretion when determining an application for leave to amend (2) case management principles should not limit a court’s discretion when considering such applications and (3) an application for leave to amend should be approached on the basis that a party is entitled to raise an arguable claim subject to payment of costs by way of compensation. Since the High Court’s 2007 decision in Aon Risk Services Australia Limited v Australian National University [2009] HCA 27 http://www.austlii.edu.au/au/cases/cth/HCA/2009/27.html, JL Holdings no longer is authority for propositions (2) and (3).

Sydney, Australia

1300 00 2088

Civil procedure, Costs, LAW FIRM

Cachia v Hanes [1994] HCA 14

April 13, 1994 Legal Helpdesk Lawyers

ON 13 APRIL 1994, the High Court of Australia delivered Cachia v Hanes [1994] HCA 14; (1994) 179 CLR 403; (1994) 120 ALR 385; (1994) 68 ALJR 374 (13 April 1994).

Costs recoverable from an unsuccessful party do not include time spent by a successful litigant who is not a lawyer.

Costs are recoverable under the indemnity principle: for money paid and liabilities incurred for professional legal services. No such costs are incurred when a non-lawyer represents themselves.

http://www.austlii.edu.au/au/cases/cth/HCA/1994/14.html

Sydney, Australia

1300 00 2088

Costs, Criminal Law, Criminal Procedure, LAW FIRM, Legal Aid

Dietrich v R [1992] HCA 57

November 13, 1992 Legal Helpdesk Lawyers

ON 13 NOVEMBER 1992, the High Court of Australia delivered Dietrich v R [1992] HCA 57; (1992) 177 CLR 292 (13 November 1992).

http://www.austlii.edu.au/au/cases/cth/HCA/1992/57.html

1300 00 2088

Civil procedure, Costs, Family Law, LAW FIRM

Calderbank v Calderbank [1975] All ER 333

June 5, 1975 Legal Helpdesk Lawyers

ON 5 JUNE 1975, the English Court of Appeal delivered Calderbank v Calderbank [1976] Fam 93;[1975] 3 WLR 586; [1975] 3 All ER 333; (1975) FLR Rep 113.

At the completion of court proceedings, costs usually follow the event (ie are awarded to the successful party). However, a party may make an application for a special order for costs in circumstances where, before the completion of the proceedings, that party makes an offer without prejudice save as to costs and the other party unreasonably fails to accept the offer.

A successful party who has made a Calderbank offer may apply for an order for indemnity costs (ie full costs incurred on a lawyer/client basis, instead of the ordinary party/party costs).

An unsuccessful party who has made a Calderbank offer may apply for an order for costs (possibly indemnity costs), contrary to the rule that costs follow the event.

In determining such an application, the court is to exercise it’s general discretion as to costs. Such discretion is wide.

The practise developed in Australia has been for Calderbank offers to:

be in writing.
be marked “without prejudice, save as to costs”.
be in clear, precise and certain terms capable of being accepted.
specify a time for acceptance.
be a genuine compromise.
separate the issue of costs from the principal offer.
state that the party intends to bring to the court’s attention the letter or it’s contents in any application for special orders as to costs.
indicate that the offer is made in accordance with the principles enunciated in Calderbank v Calderbank.

Click to access CalderbankvCalderbank1975.pdf

Sydney, Australia

1300 00 2088