Posted on Feb 25, 2020

Sterling Law

The law of lawyers bills in Commonwealth jurisdictions originated and developed from England. The earliest legislation with respect to the bills of lawyers was passed in England, and from there emerged the early case law which interpreted the legislation.
The earliest cases dealt with bills that failed to state the court(s) in which the solicitor performed the work they had changed for. This was important because such information would reveal which Court the client could seek taxation, and some Courts had different charges to others. Initially, the English courts held that solicitors’ bills must identify the court(s) in which the business was done in, otherwise they were inadequate for that reason alone, however this requirement was relaxed over time.
The case law in England, Victoria, NSW and Queensland has been consistent for a very long time that a bill of costs/itemised bill needs to contain sufficient information in order for the client to be able to obtain advice about the desirability of applying for taxation/ costs assessment. The level of detail required in a bill varies from case to case, and can depend on the knowledge, personal involvement and/or sophistication of the client.
Get quote
Message sent. We'll get back to you soon.