Helm v Helm & Anor; Application of Conti [2011] NSWSC 1595

Helm v Helm & Anor; Application of Conti [2011] NSWSC 1595

Where a solicitor obtains a judgment or settlement for a client resulting in payment, the solicitor is entitled to a lien over the proceeds for legal costs, and may have the amount representing those costs paid into court, subject to payment out on assessment if requested by the client within a reasonable period.

Jurisdiction
Australia
Judgment Date
29 November 2011
Procedural Posture
Interlocutory Application / Ruling on Notice of Motion Regarding Solicitor's Lien and Payment of Costs
Outcome
Orders made granting solicitor’s application for payment into court and related directions.
Legal Topics
["solicitor's Lien" 'legal Costs' 'assessment of Costs' 'payment Into Court']
['equity' 'legal Practice'] ["solicitor's Lien" 'legal Costs' 'assessment of Costs' 'payment Into Court']

Case Brief

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Procedural Posture

Interlocutory Application / Ruling on Notice of Motion Regarding Solicitor's Lien and Payment of Costs

Legal Issues

  1. 1 ['Whether a solicitor is entitled to a lien over a legacy awarded to a client for unpaid legal costs' "Whether orders should be made for part of the legacy to be paid into court to protect the solicitor's lien" 'Whether payment out to the solicitor should be subject to costs assessment if requested by the client']

Ratio Decidendi

Where a solicitor obtains a judgment or settlement for a client resulting in payment, the solicitor is entitled to a lien over the proceeds for legal costs, and may have the amount representing those costs paid into court, subject to payment out on assessment if requested by the client within a reasonable period.

Court Disposition

Orders made granting solicitor’s application for payment into court and related directions.

Orders

  • ['Second respondent to the notice of motion pay $49,121.63 into the Supreme Court of New South Wales to be applied as directed.' 'Second respondent justified in paying balance of legacy plus interest to plaintiff.' 'If plaintiff applies for costs assessment by 20 December 2011, sum paid into court is to be held...