A solicitor's statutory charge under s 73 of the Legal Practitioners Act 1893 (WA) (and its replacement, s 244 of the Legal Practice Act 2003 (WA)) extends to the whole of the property recovered or preserved through the solicitor's efforts, not merely the client's interest in that property, on the analogy of a salvage right. The charge arises by operation of the statute without the need for a court order or declaration. The statutory 'first charge' and 'prior right to payment' take priority over competing equitable interests. Hobhouse J's statement in Halvanon that a solicitor has no greater rights than his client was disapproved insofar as it purported to apply to the statutory charge.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.
2 of the 5 citing cases carry a classified treatment. How each court treated it is available to signed-in members.