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23 Pages • Complete Study Notes • Year Uploaded: 2022
Legal costs have long been an ignored and generally misunderstood area of the law. This may be because, in an adversarial system, lawyers are fighters. They are not that much interested in hanging around after the battle to see what can be salvaged. Other Australian jurisdictions have costing firms that do only costs work. There a few costs experts working in Western Australia, one of whom will be presenting as part of this course, but generally it is not a well-populated area of the law. Legal costs can be used as a tool towards settlement. A lawyer who cannot recover costs for a winning client (or prevent a losing client from unnecessary costs) is in breach of their fiduciary duty to the client.
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