Fong BHNF Fong v Weller

• 1. Costs
  2. › Assessment procedure
  3. › Competing costs agreements
  4. › Second costs agreement with tutor
  5. › Whether first costs agreement continued with full force and effect
  6. › Tutor's right of indemnity from incapacitated person
  7. › Legal Profession Act 2004 (NSW), ss 302A, 350, 368, 379
• 1. Judicial Review
  2. › Error of law on the face of the record
  3. › Discretion to refuse relief
  4. › Whether error undermined ultimate legal liability
  5. › Whether relief should be declined where applicant ultimately liable to pay costs
  6. › UCPR r 36.15
• 1. Practice and Procedure
  2. › Judicial review application
  3. › Relationship with right of appeal
  4. › Whether right of appeal is reason to deny judicial review
  5. › District Court Act 1973 (NSW), s 127(1)
• 1. Practice and Procedure
  2. › Written submissions
  3. › Importance of identifying issues in advance
  4. › Costs consequences where respondent fails to identify issues in written submissions
  5. › UCPR r 59.8(3)

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