Queensland Law Society

Practice and Procedure Case Note on Boyce v McIntyre [2008] NSWSC 1218

Practice and Procedure Case Note on Boyce v McIntyre [2008] NSWSC 1218 by Sheryl Jackson, Proctor April 2009 pp.50-52.

Legal Profession Act 2004 (NSW) – costs agreement between law practice and client – whether binding on non-associated third-party payer – GST implications when client entitled to input tax credit.

This case relates to costs assessments and the rights of non-associated third party payers such as lessees and mortgagors. Although this case deals with the NSW costs provisions the Queensland provisions are similar. (Note that after publication of this article this decision was appealed and the Court of Appeal confirmed the original decision except in relation to the GST point - Boyce v McIntyre [2009] NSWCA 185).

And see this CLE paper.