Alman v Macdonald Rudder

[2001] WASC 65

Supreme Court of Western Australia

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Interrogate

Catchwords

1. Costs
2. › Written agreement
3. › Unreasonableness
4. › Statutory discretion to cancel agreement
5. › Circumstances surrounding entry into costs agreement
6. › Fairness to both parties
7. › Legal Practitioners Act 1893 (WA), s 59
1. Costs
2. › Written agreement
3. › Disclosure and explanation to client
4. › Standard of professional conduct
5. › Law Society of Western Australia Litigation Retainer Agreement 1992
6. › Whether disclosure adequate
7. › Legal Practitioners Act 1893 (WA), s 59
1. Costs
2. › Written agreement
3. › Settlement of court proceedings for entitlement to costs
4. › Whether settlement precluded application to set aside costs agreement
5. › Whether unfairness to firm in setting aside agreement after settlement
1. Costs
2. › Taxation
3. › Extension of time to request taxation
4. › Concession made in settlement
5. › Effect on discretion to cancel costs agreement

Quick Take

A court may decline to cancel a costs agreement under s 59(5) of the Legal Practitioners Act 1893 (WA) even where the agreement is prima facie unreasonable in its effect, where the client has subsequently entered into a settlement of proceedings premised on the agreement and the solicitor has made concessions of value in reliance on it. The fiduciary duty inquiry into the practitioner's conduct remains mandatory even where the discretion will be exercised against cancellation.