Costing Objections Sydney

Have you received a bill of costs?

At Blue Ribbon Legal, we handle disputes over legal costs for lawyers and clients whether the dispute is between practitioner and client, or between opposing parties in court proceedings.

You may be:-

• A client, who has received a demand for payment from your lawyer;
• A client, who has received a demand for payment from an opposing party or their lawyer;
• A lawyer, who has received a demand for payment from a client’s previous lawyer.

Our role is to identify whether there is a valid reason to challenge the legal costs claimed, provide advice on what options are available and work with you to protect your potential liability for costs.

If you are unsure if the costs claimed are reasonable, contact Blue Ribbon Legal. We provide advice on settlement negotiations and assessment procedures. We can prepare detailed objections so you or your client don’t pay costs which exceed a fair and reasonable amount.

Disputing a bill of costs

Time limits generally apply to make objections to a tax invoice or bill of costs. In addition to statutory or court-imposed timetables, delay in preparing objections can result in greater interest charges and the potential of additional court costs.

Whether you are a legal practitioner or client, it’s important to seek expert assistance promptly.

At Blue Ribbon Legal, our experience in costs assessment and proven attention to detail mean we can expertly identify costs which are not fair and reasonable.

In order to make objections appropriately, it is vital to consider the basis of the costs claimed.

If the person claiming costs relies on a costs agreement, relevant issues will include:

• Whether there is a binding costs agreement;
• Whether the costs agreement operates fairly;
• Whether the costs claimed reasonable in the circumstances;
• Whether the work been carried out following the client’s instructions.

If costs are sought by an opposing party pursuant to court orders, it will be necessary to consider the following issues:-

• The scope of the costs orders made;
• Whether any scale or guidelines have been properly applied;
• Whether there any competing costs orders or offset available.

Common Grounds of Objection

The amount of costs which is reasonable in any given claim will depend on the particular circumstances. However there are some objections which are commonly made:

1. The time claimed is excessive for the work described;
2. The hourly rate claimed is not reasonable;
3. The work ought to have been performed by more junior staff, charging a lower rate;
4. The work is administrative in nature, and not chargeable;
5. Duplication of work between staff;
6. Charging in 6-minute units has artificially increased the costs claimed;
7. The costs claimed are outside the scope of the costs order (for costs between parties)

A generic approach to objections – where objections are made with little or no regard to the specific circumstances of the claim – can do more harm than good. The purpose of objections is to narrow the issues in dispute, and raising objections which are invalid or not applicable to your particular claim is likely to be counter-productive.

It is important that objections properly reflect current legal principles applicable to costs disputes. Court judgments are constantly developing and updating the principles applicable to legal costs disputes, particularly in the area of compliance with disclosure obligations.

The person drafting objections should have an in-depth understanding of the applicable legal principles, knowledge of current caselaw and costs determinations, and experience in practice to understand the nature of the matter and the type of work reasonably required from the lawyer.

At Blue Ribbon Legal, all objections are drafted by practising solicitors who have years of experience in litigation and specialised expertise in costs law.

We also recognise that the cost of preparing objections should not outweigh the benefit to our clients. We provide an accurate estimate of our fees before work commences, and offer capped fees – particularly in smaller claims.

Speak to the experts at Blue Ribbon Legal to dispute an itemised bill

For expert assistance disputing a bill get in touch with our team, please click here or call on (02) 8599 3100.