Legal Costs

When it comes to commercial litigation few topics generate as much interest as legal costs. You will no doubt, as a party to a dispute, want to know what it will cost you to exercise a legal right and what portion of the monies spent you can recover. As a rule of thumb the costs incurred before the commencement of court proceedings cannot be recovered and usually only a portion of the costs incurred after proceedings are filed will be payable. Ultimately, the amount of costs payable are in the discretion of the court [see: section 98] and usually the successful party will be paid its costs by the party who loses.

The Principal Solicitor at our law firm has helped many clients seek and oppose costs orders depending upon whether they won or lost the case. Let us help you understand what legal costs you may be entitled to (or what you may have to pay) and how you to go about increasing your chances of getting a sensible outcome as to costs.

Litigant is committed to protecting its clients interests with respect to legal costs and to do so with competence and trust whilst all the while remaining accessible to you as our client. With more than 10 years’ worth of experience helping litigants in Sydney argue for and/or against costs orders we should be able to assist you with achieving sensible costs outcomes.

Let us help you: -

• attend to the "genuine steps" requirements in section 3 of the Civil Dispute Resolution Act, for Federal Court matters, as this can have a bearing on costs;
• immediately appreciate that you (and your lawyers) will have an obligation to conduct the proceedings with the goal of achieving the just, quick, cheap and effective resolution of the dispute [see: s 37N of the Federal Court Act 1976];
• understand that costs are in the discretion of the court
• know that costs are usually awarded on a party/party basis and in some cases if there are grounds for it on an indemnity basis depending on the case
• take note that pre-litigation costs can generally not be recovered
• recover such costs as you may be entitled to
• limit the amount of costs payable by you in accordance with your rights
• appreciate that costs follow the event i.e. usually payable at the end
• improve the chances of obtaining a favourable costs order by making Calderbank type offers and/or offers of compromise under the court rules

Talk to a Dispute Lawyer today!

* Disclaimer:- This publication contains general information which may not suit your particular needs or circumstances. It may be summarised and include generalisations. Details that may be important in your specific circumstances might not be included. Litigant strives to ensure that the information in this publication is accurate and up-to-date, but does not represent or guarantee that it is accurate, reliable, current, complete or suitable. You should independently evaluate and verify the accuracy, reliability, currency, completeness and suitability of the information, before you rely on it. The information in this publication is not legal or other professional advice. You should obtain independent legal or professional advice that is tailored to your particular circumstances if you have concerns. To the maximum extent permitted by law, Litigant excludes liability for any loss, however caused (including by negligence), relating to or arising directly or indirectly from using or relying on any content in this publication. Litigant asserts copyright over the content of this publication.