Court overrides costs assessment limits

Jackson, Sheryl (2012) Court overrides costs assessment limits. Proctor, 32(11), pp. 38-39.


This article considers the implications for Queensland practitioners of the decision of the New South Wales Court of Appeal in Branson v Tucker [2012] NSWCA 310. That decision involved the question whether the court retained a jurisdiction to examine the reasonableness of costs charged by a barrister, who had entered a costs agreement with solicitors, in circumstances where where had been no application under the Legal Profession Act 2004 (NSW) for an assessment of the costs the subject of the bill and it was no longer possible for such an application to be made.

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ID Code: 57511
Item Type: Journal Article
Refereed: Yes
Additional URLs:
Keywords: Branson v Tucker, whether court's jurisdiction to determine reasonableness of costs ousted by statutory costs assessment regime, Legal Profession Act 2004 (NSW)
ISSN: 1321-8794
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Litigation Adjudication and Dispute Resolution (180123)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright 2012 The author.
Copyright Statement: Copyright Contributors to Proctor grant to the Society a royalty free, perpetual, non-exclusive, irrevocable paid up licence to: (a) use, reproduce and adapt their contributions; and (b) perform any other act with respect to the Intellectual Property in their contributions and to exploit or commercialise all those Intellectual Property rights. QLS will acknowledge a contributor’s moral rights by attributing authorship to that contributor.
Deposited On: 21 Feb 2013 23:03
Last Modified: 05 Mar 2013 04:12

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