Solicitor Client Costs

• Only Tasmania and Victoria make specific provision for the award of costs against a litigant on a solicitor and client basis

• Not available, see Federal Court Rule 40.1 and Federal Court Rule 40.2

In NSW indemnity costs are used.

• Hazeldene's Chicken Farm Pty Ltd v Victorian WorkCover Authority (No 2) ¹⁾, Warren CJ, Maxwell P, Harper AJA
  • Where costs are taxed on a solicitor-client basis, the party in whose favour the order is made is able to recover all costs reasonably incurred and of a reasonable amount.
  • The party recovering its costs must satisfy the Court that the costs claimed are reasonable in the circumstances.

• Party/Party Costs
• Indemnity Costs
• Calderbank Offers