Recent Cases

Todorovska v Brydens Lawyers Pty Ltd [2022] NSWCA 47 (29 March 2022) (Basten, Leeming and White JJA)


APPEALS – leave to appeal – principles governing – public importance – regulation of legal practitioners’ dealings with clients – where costs two-thirds of judgment amount

LEGAL PRACTITIONERS – costs – personal injury claims – statutory cap on costs – removal of cap on solicitor/client costs – removal by entering into costs agreement – disclosure requirements – disclosures to give effect to statutory purpose – client to be informed of statutory protection and effect of costs agreement – disclosures to be read in context of documents provided – importance of independent legal advice – Legal Profession Act 2004 (NSW), ss 338, 339 – Legal Profession Regulation 2005 (NSW), cl 116