Costs Payable and Recoverable on Litigation Outcome. The following two paragraphs apply if you have instructed us on a litigation matter. Even if you are successful in proceedings and have a costs order in your favour it is unlikely that you will recover all of the costs you must pay us from another party. If you do have a costs order in your favour, it may still be necessary to seek to enforce such costs order e.g. through the assessment system. This can be time consuming and costly. The possible costs associated with such potential enforcement proceedings are not dealt with in this document, but will be advised to you should the relevant circumstances arise. It is also possible that you cannot recover the costs from the other party (for example if the party goes into liquidation or becomes bankrupt); nonetheless you will still have to pay us. If you lose the litigation, then you will likely have to pay the costs of the other party - either an amount you can both agree on or if no agreement can be reached then an amount of costs assessed by a costs assessor as payable. However, the Court always has a discretion in relation to costs orders.
Costs Payable and Recoverable on Litigation Outcome. 23.1 In litigation, even if you are successful in proceedings and have a costs order in your favour it is unlikely that you will recover all of the Costs you must pay us from another party. If you do have a costs order in your favour, it may still be necessary to seek to enforce such costs order (eg, through the assessment system). This can be time-consuming and costly. The possible costs associated with such potential enforcement proceedings are not dealt with in this document, but will be advised to you should the relevant circumstances arise. It is also possible that you cannot recover the costs from the other party (for example if the party goes into liquidation or becomes bankrupt); nonetheless you will still have to pay us, prior and irrespective of you actually receiving anything from another party.
Costs Payable and Recoverable on Litigation Outcome. Even if you are successful in proceedings and have a costs order in your favour it is unlikely that you will recover all of the costs from another party. If you do have a costs order in your favour, it may still be necessary to seek to enforce such costs order e.g. through the assessment system. This can be time consuming and costly. The possible costs associated with such potential enforcement proceedings are not dealt with in this document, but will be advised to you should the relevant circumstances arise. It is also possible that you cannot recover the costs from the other party (for example if the party goes into liquidation or becomes bankrupt). If you lose the litigation, then you will likely have to pay the costs of the other party - either an amount you can both agree on or if no agreement can be reached then an amount of costs assessed by a costs assessor as payable. However, the Court always has a discretion in relation to costs orders. It is critically important to understand that in this matter, if we are unsuccessful, a costs order will be made against you. The amount of that costs order is likely to be in the millions of dollars. The other parties could take enforcement action against you, including attempting to bankrupt you, sell your assets including any properties, shares, and or garnish any bank account with money in it. Before signing this costs disclosure and costs agreement, you should consider obtaining independent legal advice as to the nature of these risks. If you are signing on behalf of the client, you confirm that you are authorised to do so. Dated: Client: Dated: 14 September 2021 xx Xxxxxxx - Partner General Terms of Business 1 Billing Arrangements Our usual policy is to issue a tax invoice on a monthly basis but we may issue tax invoices on a more frequent basis depending on the nature of the work. All tax invoices are due and payable 30 days from the date of the tax invoice. You consent to us sending our tax invoices to you electronically at your usual email address or mobile phone number as specified by you.
Costs Payable and Recoverable on Litigation Outcome. Even if the Client is successful in proceedings and have a costs order in the Client’s favour it is unlikely that the Client will recover all of the costs the Client must pay the Law Firm from another party. If the Client does have a costs order in its favour, it may still be necessary to seek to enforce such costs order e.g., through the assessment system. This can be time consuming and costly. The possible costs associated with such potential enforcement proceedings are not dealt with in this document but will be advised to the Client should the relevant circumstances arise. It is also possible that the Client cannot recover the costs from the other party (for example if the party goes into liquidation or becomes bankrupt); nonetheless the Client will still have to pay the Law Firm If the Client loses the litigation, then the Client will likely have to pay the costs of the other party - either an amount the Client can both agree on or if no agreement can be reached then an amount of costs assessed by a costs assessor as payable. However, the Court always has discretion in relation to costs orders. If you are signing on behalf of the Client, you confirm that you are authorised to do so. Client: Crisp Law ……………………………….. ………………………….... Signature of authorised person Signature ……………………………. Xxxxx Xxxxx Xxxxx Name
Costs Payable and Recoverable on Litigation Outcome. Even if you are successful in proceedings and have a costs order in your favour it is unlikely that you will recover all of the costs you must pay us from another party. If you do have a costs order in your favour, it may still be necessary to seek to enforce such costs order e.g. through the assessment system. This can be time consuming and costly. The possible costs associated with such potential enforcement proceedings are not dealt with in this document, but will be advised to you should the relevant circumstances arise. It is also possible that you cannot recover the costs from the other party (for example if the party goes into liquidation or becomes bankrupt); nonetheless you will still have to pay us. If you lose the litigation, then you will likely have to pay the costs of the other party - either an amount you can both agree on or if no agreement can be reached then an amount of costs assessed by a costs assessor as payable. However, the Court always has a discretion in relation to costs orders. If you are signing on behalf of the client, you confirm that you are authorised to do so. Dated: Client: Dated: Law Practice Fraud warning: Please be aware that there is a significant risk posed by cyber fraud, specifically relating to email accounts and bank account details. If our bank account details change, you will be notified by letter and not by email. However, please check any change to bank account details with us in person prior to making any payment. General Terms of Business 1 Billing Arrangements Our usual policy is to issue a tax invoice on a monthly basis but we may issue tax invoices on a more frequent basis depending on the nature of the work. All tax invoices are due and payable 30 days from the date of the tax invoice. You consent to us sending our tax invoices to you electronically at your usual email address or mobile phone number as specified by you.
