CIVIL PROCEDURE — Summary disposal — Dismissal of proceedings — Abuse of process
CIVIL PROCEDURE — Summary disposal — Dismissal of proceedings — No reasonable cause of action disclosed
CIVIL PROCEDURE — Pleadings — Amendment — Statement of claim
COSTS — Solicitor/Client — Costs disclosure — Effect of non-disclosure
Quick Take
1Under s 175(2) of the Legal Profession Uniform Law (NSW), the extent of disclosure 'necessary' from a retained law practice (barrister) to the retaining law practice (solicitor) is at least arguable as not requiring the same full disclosure a solicitor must make to a client under s 174, and what is 'necessary' likely requires evaluation in the context of the factual matrix including the solicitor's existing knowledge of the barrister's work and billing practices.
2Where a law practice's breach of LPUL disclosure obligations relates to a failure to provide updated estimates after initial compliant disclosure, the better view (following Wills v Woolworths Group Ltd [2022] FCA 1545 and as noted in Bingham v Bevan [2023] NSWCA 86) is that s 178(1)(a) renders the costs agreement void in futuro from the date of contravention, not void ab initio, preserving rights accrued prior to that date.
3A separate question determination under UCPR r 28.2 should not be ordered where the questions involve factual and evaluative issues overlapping with the trial, where several claims would proceed to trial regardless, and where there is a risk of inconsistent findings of fact.
