Chorley abolished

The High Court has abolished the much-maligned so-called Chorley exception. Solicitors are no longer entitled to recover costs in respect of their time spent on their own litigation: Bell Lawyers Pty Ltd v Pentelow [2019] HCA 29. Background The law with respect to the power to award costs, as generally understood until Pentelow, was as …

The solicitor’s possessory lien

Most practitioners understand the solicitor’s lien well enough: a solicitor can hold a former client’s file as security for payment of the solicitor’s unpaid fees. This can be quite useful security where the solicitor holds a client’s documents, especially original documents that may be required for, say, a trial. But, as with so many aspects …