Submissions in Response Sydney

Do you need to respond to objections?

In certain circumstances, a lawyer or party seeking to recover costs will have the opportunity to prepare submissions in response to objections. This is particularly the case in costs assessments which are done ‘on the papers’ without either side attending in person – written responses take the place of oral submissions in rebutting objections and reinforcing your claim for costs.

The legal costing professionals at Blue Ribbon Legal can assist you by preparing submissions in response to objections from a client or opposing party who is reluctant to pay.

Responding to Objections

Submissions prepared in response to objections commonly incorporate general submissions – covering relevant caselaw and legal principles applicable to the issues in dispute, as well as clarifying the particular circumstances in which the costs dispute has arisen – and responses directed to challenges to specific charges, including item by item objections.

When responses are prepared, it is important to demonstrate where objections are unsound – for example:

• relying on outdated caselaw,
• legal principles which are not applicable to the claim,
• misunderstanding of the factual background,
• misconceptions about relevant facts or law.

It may also be appropriate to make some concessions in response to the objections, particularly where a valid concern is raised in the objections.

Submissions in response to objections should be succinct – clearly and briefly detailing the areas where, and the reasons why, the objections should not be adopted by the independent assessor. Well-structured written submissions provide a solid and logical foundation for your claim for costs. They should communicate the essential arguments in support of the claim as clearly and succinctly as possible.

Whilst it is generally easier to draft submissions where the person drafting has also prepared the itemised bill which sets out the costs claimed in detail, at Blue Ribbon Legal we can prepare submissions in support of an itemised bill which has been drafted in-house or by another drafter.

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

In addition to preparing submissions in response, Blue Ribbon Legal will also provide advice regarding the issues raised in objections to assist with further negotiations or alternative dispute resolution, and provide clear guidance regarding the outcome of the costs dispute.

Speak to the experts at Blue Ribbon Legal to respond to objections

For expert assistance preparing submissions in response to objection get in touch with our team, please click here or call on (02) 8599 3100.