COSTS — Solicitor/Client — Recovery — Bill of costs
Quick Take
1A costs agreement under s 180(3) of the Legal Profession Uniform Law may be accepted by conduct, including by the client continuing to instruct the law practice after receiving it; on the facts, the client's inability to locate the agreement in its records, absent evidence of a comprehensive and reliable record-keeping system, did not displace the practitioner's sworn evidence that it was sent.
2An 'entire understanding' clause in a deed of release cannot extend the deed to release claims that were neither recited, defined nor expressly released; a release running only from client to law practice did not discharge the practice's claims against the client for unpaid fees.
3Where a law practice sues in debt for unpaid fees for legal services that are taxable supplies, the judgment sum may include the GST component, because the recovery is consideration for the taxable supply rather than an award of damages.
