United Petroleum Australia Pty Ltd v Herbert Smith Freehills

[2020] VSCA 15

Victorian Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Legal Practitioners
2. › Retainer
3. › Formation of retainer
4. › Acceptance by conduct
5. › Two retainers
6. › First but not second retainer signed by client
7. › Whether unsigned engagement letter accepted by continuing to instruct solicitor
1. Costs
2. › Self-represented litigants
3. › Firm of solicitors acting for itself
4. › Whether entitled to costs for work done by employee solicitors
5. › Chorley exception abolished
6. › Whether employed solicitor rule applies to law firm's own employees
7. › Bell Lawyers Pty Ltd v Pentelow (2019) 93 ALJR 1007
1. Costs
2. › Indemnity costs
3. › Offer of compromise
4. › Whether rejection of offer unreasonable
5. › Whether proceeding hopeless
6. › Exercise of discretion
7. › House v The King (1936) 55 CLR 499

Quick Take

Law firms acting for themselves in litigation cannot recover costs for work done by their employee solicitors following Bell Lawyers; they may only recover disbursements and costs of external solicitors retained to act for them.