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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Law of Costs 3rd ed

ISBN13: 9780409334784
Previous Edition ISBN: 9780409325546
Published: October 2013
Publisher: LexisNexis Australia
Country of Publication: Australia
Format: Hardback
Price: Price on Application

Law of Costs, 3rd Edition written by Gino Dal Pont aims to provide a comprehensive overview of the Australian law of costs in both the lawyer-client and the party-party context. It addresses all Australian jurisdictions (State and Federal), as well as costs in criminal matters, through the relevant statutes, court rules and case law.

Law of Costs brings together in one place, the legislation, court rules and case law pertaining to the practice of the law of costs in Australia. Accessible and comprehensive, this work avoids repetition, but at the same time contains detailed referencing.

Not only does Law of Costs examine the law that has developed surrounding how a solicitor or barrister should quantify and handle their own costs, but it is also a fundamental reference text with detailed analysis of the law of costs in Australia. All major cases, relevant statutes and statutory rules are dealt with, including the Supreme Court Rules. Reference is also made to the applicable law of the United Kingdom, Canada and New Zealand.

The main subjects covered within Law of Costs are all aspects of fees as between solicitor and client (justifying a copy of the text in every fee charging law practice in the land) and costs as between parties to litigation. Law of Costs also covers security for costs, solicitors' liens, costs orders against non-parties such as parties' solicitors, litigation funders and insurers, and about setting aside costs agreements.

This title is a part of the LexisNexis Butterworths Black and Silver Series is written by highly regarded author, Gino Dal Pont.


  • Comprehensive and multi-jurisdictional
  • Current, making reference to the most recently amended rules and the most recent cases (including reported and unreported case law)
  • Authoritative (as evidenced by many citations of the earlier editions by judges in the case law)
  • Adopts a logical structure and style that makes it easy to locate the relevant material

Other Jurisdictions , Australia
Part I - Costs Between Solicitor and Own Client
1. Retainer
2. Costs Agreement
3. Restrictions on the recovery of solicitor-client costs
4. Nature and process of solicitor and own client taxation
5. Allowances on solicitor and own client taxation

Part II - Costs Between Party and Party
6. Jurisdiction and discretion to order costs
7. The costs indemnity rule
8. Ouster of general rule that costs follow the event
9. Public interest and test case litigation
10. Costs out of a fund
11. Costs of multiple parties
12. Costs sanctions for proceedings in wrong court
13. Costs consequences of rejected settlement offers
14. Timing of costs order

Part III - Quantification of Party and Party Costs
15. Nature of party-party costs quantification
16. Bases of taxation
17. Allowances on party and party taxation
18. Procedure relating to taxation
19. Interest on party and party costs

Part IV - Costs in Appeals
20. Appeals
21. Suitors' and appeal costs funds legislation

Part V - Non - party Costs Orders
22. Costs orders against non-parties
23. Costs orders against lawyers

Part VI - Costs in Criminal Cases
24. Costs in criminal cases
25. Costs in criminal cases legislation

Part VII - Securing Costs Entitlements
26. The retaining lien
27. The particular lien
28. Nature of security for costs order
29. Discretion to order security for costs