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  1. R

    Statement of Claim against me

    Hi there George I should perhaps clarify that a solicitor can't sue you until 30 days after a bill has been issued but if you ask for an itemised account - they can't sue you until it has been assessed. You have 12 months to request an assessment - which is why my comments about the 12 months...
  2. R

    Statement of Claim against me

    Hi there Oz yes - because most conveyances would likely exceed the $750 it is better to get a cost agreement signed or recently what has been happening - because sometimes clients don't sign the agreements - a copy of the proposed agreement is sent out - there is usually a clause saying...
  3. R

    Statement of Claim against me

    Hi there because NSW is so much more that QLD when it comes to conveyancing - would think very few would be under $750 - the different approach of having to exchange contracts just adds to the costs so I would say NSW practitioners are asking for trouble if they don't get a cost agreement...
  4. R

    Statement of Claim against me

    Hi there there is every chance this will never get to a hearing date in a court. To the armchair legal experts - can I just say there are some powerful presumptions in George's favour. Firstly in NSW there are rules about legal costs that have to be complied with: you need a cost...
  5. R

    Statement of Claim against me

    Hi there Tracey ordinarily I would agree if you ask for advice - you pay for it but because this is a conveyance query - and most solicitors will ask for funds to pay for the outlays/disbursements I have a feeling they were overstepping the mark by incurring those costs Most solicitors...
  6. R

    Statement of Claim against me

    Hi there ask for an itemised account - they can't sue you while that request is on the table they actually can't issue the statement of claim within 12 months of the tax invoice - you do have grounds to defend it lodge a complaint with the Legal Services Commissioner - who could assist you in...
  7. R

    Statement of Claim against me

    Hi there T apart from defending the statement of claim - you might like to raise the issue with the Legal Commissioner and the law society - there are actually a lot of obligations on solicitors to disclose how they are going to charge in a matter - so if they are not complying with those...
  8. R

    Statement of Claim against me

    Hi there Pushka is making a valid point - you have 12 months to challenge a bill - and ask for an itemised account. If nothing was done until the statement of claim was received - more than 12 months after the account - you may have problems challenging it now. If however, at the time you...
  9. R

    Statement of Claim against me

    Hi there T before a solicitor can bill you - they are meant to have a cost agreement with you - or if it is under a certain threshold (used to be $750) - they don't have to have a cost agreement but there still needs to be an understanding about costs. I will PM you with the details of the...
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