Court proceedings for costs recovery
Debt recovery proceedings are not just for unpaid legal costs; this process may be used for a variety of other unpaid debts. However, costs assessment proceedings are used solely for legal cost disputes. Sometimes, costs assessment is not available or is not the best way to recover legal costs. Court proceedings can be used in certain circumstances to recover costs.
The final outcome of successful debt recovery proceedings or costs assessment is the same: a judgment, including an order that one party pays the other party a specific amount of money. In debt recovery proceedings, this can be achieved after default judgment or a contested hearing. In costs assessment, this is achieved by registering the determination as a judgment.
Our costs recovery services include:
Blue Ribbon Lawyers can handle the costs recovery process through pre-litigation, out-of-court and in-court proceedings.
- Letter of demand
- Informal negotiations
- Costs assessment proceedings
- Debt recovery proceedings
The team at Blue Ribbon Lawyers has acted for solicitors and barristers through informal and formal court proceedings to recover unpaid legal costs.
Fee Structure
$380 per hour plus GST for preparation of objections and responses, – with an estimate of time provided before work commences.
$380 per hour plus GST for affidavits and expert witness appearances by our principal.
Legal services provided by Blue Ribbon Lawyers will be charged at up to $420 per hour plus GST depending on the nature and complexity of the work performed, advised prior to work commencing.
Regulated fees apply for uncontested costs recovery proceedings in the Local, District and Supreme Courts.
Payment terms: In specified circumstances, we will accept payment of our fees at the conclusion of the assessment or taxation process. All other fees are payable within 28 days of invoice.
We offer fixed fees for preparation of itemised bills, compliance advice, certified estimates and conduct of costs assessments.
We also offer stage-based fixed fees for most legal services.
Payment terms: In specified circumstances, we will accept payment of our fees at the conclusion of the assessment or taxation process. All other fees are payable within 28 days of invoice.
Preparation of bills of costs has traditionally been charged as a percentage of the total professional fees claimed.
At Blue Ribbon Legal we are of the view that percentage-based fees do not necessarily accurately reflect the work necessary to prepare a bill of costs and may result in inflated claims or inclusion of claims unlikely to be allowed on assessment or taxation.
Should your firm or client specifically request a percentage-based fee to prepare an itemised bill, we will agree to calculation of our fees at 10% of total professional fees claimed (inclusive of GST).
Payment terms: In specified circumstances, we will accept payment of our fees at the conclusion of the assessment or taxation process. All other fees are payable within 28 days of invoice.
How Blue Ribbon Lawyers handles cost recovery:
There may be two steps in the cost’s recovery process: debt recovery proceedings and enforcement proceedings.
Debt recovery proceedings
Where debt recovery proceedings are needed, Blue Ribbon Lawyers will file a Statement of Claim detailing your right to recover legal costs as a debt. The court in which the claim is commenced will depend on the amount of money claimed.
Enforcement proceedings
Once a court order has been made for payment of a specific amount of money, the next step is to recover that money.
The experts at Blue Ribbon Lawyers can enforce a court order to recover the debt relating to legal costs on behalf of a party who is owed money, by a variety of different processes including:
- Garnishee orders
- Bankruptcy
- Instalment orders
Recover legal costs with Blue Ribbon Lawyers
Get help recovering legal costs from the professionals at Blue Ribbon Lawyers by contacting our team online or calling on (02) 8599 3100 .
Ask a Question or Book an Appointment
Do you need assistance with a legal costing issue? Speak to the expert costing lawyers at Blue Ribbon Legal for help.