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Ethics 3.2 (re-submit)

letu
Course

Conflict of Laws (LAW557)

21 Documents
Students shared 21 documents in this course
Academic year: 2021/2022
Uploaded by:
Anonymous Student
This document has been uploaded by a student, just like you, who decided to remain anonymous.
Macquarie University

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Itemised bill

P Box 2 ST LEONARDS NSW 2065 ABN 62 751 281 333

31 December 20xx

Mr GL Flashman trading as Main Event

77 Rodeo Drive

Mansion Park NSW 2566

ITEMISED BILL OF COSTS PURSUANT TO COSTS AGREEMENT ENTERED INTO ON

[ DATE OF COSTS AGREEMENT ]

[Note: delete, amend or leave each item below as appropriate then note your reasons in the memo

on page 5 of this document.]

Ite m No

Date Type

Bille d By

Description

Unit s TOTAL Invoice #

1 03/09/20xx TA LL T/F client – requests urgent appointment – sheriff intends to remove client business equipment in execution of D/J obtained against client

3 $ 195 Unbilled

2 05/09/20xx PA LL PA on client – taking instructions to set aside D/J by AOne Catering P/L – see Statement of Claim – client to provide statement of events

15 $ 975 Unbilled

3 06/09/20xx READ SL Peruse Statement of claim 3 $ 150 Unbilled

4 06/09/20xx Admin BB Open file, trust and office ledger accounts 1 $ 20 Unbilled

5 06/09/20xx D SL Email to client to advise trust account details 3 $ 150 Unbilled

6 06/09/20xx D LL Draft costs agreement 3 $ 195 Unbilled

7 06/09/20xx TA SL T/T sheriff’s office (after waiting on line for 55 min)– will not execute against client property if app to S/A D/J filed or Pl sol advises that in order

10 $ 500 Unbilled

8 06/09/20xx Admin SL Retrieving previous client file from archives 3 $ 150 Unbilled 9 06/09/20xx D SL Letter to client advising re prospects of success and enclosing costs agreement

6 $ 300 Unbilled

10 10/09/20xx D SL Apply for company search A-One Catering P/L 3 $ 150 Unbilled

11 10/09/20xx D SL Apply for business name search “Main Event” 2 $ 100 Unbilled

12 10/09/20xx TA SL T/T solicitor for Pl. Advising we act and instructed to S/A D/J – request sheriff be called off

2 $ 100 Unbilled

13 14/09/20xx READ SL Peruse client statement 5 $ 250 .00 Unbilled

14 14/09/20xx READ SL Peruse signed costs agreement 1 $ 50 Unbilled 15 14/09/20xx READ SL Peruse business name search 1 $ 50 Unbilled

16 14/09/20xx READ SL Peruse company search 1 $ 50 Unbilled

17 14/09/20xx R SL Research UCPR and UCPR 36(2)(a) in particular 20 $ 1,000 Unbilled

18 15/09/20xx D SL Draft notice of motion 5 $ 250 Unbilled

19 15/09/20xx D SL Draft affidavit of client 20 $ 1,000 Unbilled

20 15/09/20xx D SL Draft notice of grounds of defence 5 $ 250 Unbilled

21 16/09/20xx E BB Engrossing NM, affidavit and defence 5 $ 100 Unbilled

22 20/09/20xx D SL Email to client attaching NM, affidavit and defence for approval

2 $ 100 Unbilled

23 25/09/20xx TA SL T/T client – not in left message to call 1 $ 50 Unbilled

24 25/09/20xx TA BB T/T client – not in left message to call 1 $ 20 Unbilled

25 26/09/20xx TA SL T/T client – not in left message to call 1 $ 50 Unbilled

26 26/09/20xx TA SL T/F client – affidavit OK – he to attend office Monday to sign affidavit

3 $ 150 Unbilled

27 29/09/20xx PA SL Attend on client, witness affidavit, discussing 10 $ 500 Unbilled

28 29/09/20xx PA SL Attend Quikcopy 3 $ 150 Unbilled

29 29/09/20xx D SL Email Pl sols attaching copy NM, affidavit and defence to be filed asap

2 $ 100 Unbilled

3d227e8f20d951b9904ed32f45f7d0d9 Page 1 of 7

Ite m No

Date Type

Bille d By

Description Unit s TOTAL Invoice #

3
0

29/09/20xx TA SL T/T District Court to ascertain available dates for return of motion

3 $ 150 Unbilled

3
1
02/10/20X
X

D SL Letter to registration agent to file NM incl. note as to suitable date for return of motion

2 $ 100 Unbilled

3
2

04/10/20xx D SL Letter to sol for Pl. enclosing NM and affidavit by way of service

2 $ 100 Unbilled

3
3

04/10/20xx D SL Letter to client confirming NM filed and enclosing copies of docs

2 $ 100 Unbilled

3
4

11/10/20xx REA D

SL Peruse letter from Pl sol encl affidavits 1 $ 50 Unbilled

3
5

11/10/20xx REA D

SL Peruse affidavit of Jamie Twist 4 $ 200 Unbilled

3
6

11/10/20xx REA D

SL Peruse affidavit of Nigella Wentworth 5 $ 250 Unbilled

3
7

12/10/20xx PA SL Meeting with barrister to discuss matter & prospects 15 $ 750 Unbilled

3
8

12/10/20xx D SL Letter to client enclosing copies of Pl sol letter and enclosures and seeking instructions

2 $ 100 Unbilled

3
9

15/10/20xx TA SL T/F client discussing affidavit of Twist and Wentworth 5 $ 250 Unbilled

4
0

18/10/20xx TA SL T/T sol for Pl discussing possibility of Pl consent to S/A D/J – no agreement

3 $ 150 Unbilled

4
1

18/10/20xx R SL Consider if expert witnesses will be needed for hearing

5 $ 250 Unbilled

4
2

18/10/20xx TA SL T/T client advising of discussions with Pl sol 3 $ 150 Unbilled

4
3

19/10/20xx PA SL PA on LL discussing file generally & documents required incl whether experts will be needed

10 $ 500 Unbilled

4
4

19/10/20xx PA SL Collating documents for hearing 15 $ 1,250 Unbilled

4
5

19/10/20xx PA SL Preparing for hearing 25 $ 1,250 Unbilled

4
6

19/10/20xx PA LL PA on SL discussing file including whether to require Twist or Wentworth to attend for cross exam

10 $ 650 Unbilled

4
7

19/10/20xx TA SL T/T on client arranging to meet at District Court 1 $ 50 Unbilled

4
8

22/10/20xx TVL SL Travel to District Court by taxi 4 $ 200 Unbilled

4
9

22/10/20xx CA SL Attend court including discussions with client, Pl sol and appearance before Judge J

21 $ 1,050 Unbilled

5
0

22/10/20xx TVL SL Return travel from District Court to office by train 5 $ 250 Unbilled

5
1

22/10/20xx CS& C

LL General care skill and consideration 10 $ 650 Unbilled

5
2

22/10/20xx D LL Email to SL instruct to prepare itemised bill 1 $ 65 Unbilled

5
3

22/10/20xx REA D

SL Peruse LL email 1 $ 50 Unbilled

5
4

today D SL Drafting itemised bill 10 $ 500 Unbilled

5
5

today D SL Letter to client reporting on outcome of motion and enclose bill and TAS

4 $ 200 Unbilled

Disbursements

Photocop y

$
40

Service fees $ 106 Total $ 6324 Less amount proposed to be transferred from Trust $ 5000 BALANCE DUE AND OWING $ 1324

[Note: GST can be ignored for the purposes of this

activity.]

3d227e8f20d951b9904ed32f45f7d0d9 Page 2 of 7

Trust account statement

P Box 2 ST LEONARDS NSW 2065 ABN 62 751 281 333

31 December 20xx

Mr GL Flashman trading as Main Event

77 Rodeo Drive

Mansion Park NSW 2566

TRUST ACCOUNT STATEMENT

Flashman G. ats A-One Catering Pty Limited Application to set aside default judgment

Date Description Rec No/ Chq No Dr Cr

5 Sept 20xx From you on a/c of c/d 118201 5000

30 Sept 20xx To ASIC for business

name search client and

company search of

plaintiff

118315 52

3 Oct 20xx To District Court of

NSW for filing fee on

notice of motion

41001 80

Balance to be

transferred to office

account in payment

of costs and

disbursements:

4868

5000 5000

Balance to be held:

NILL

3d227e8f20d951b9904ed32f45f7d0d9 Page 4 of 7

LAW & CO

Per: L Law

3d227e8f20d951b9904ed32f45f7d0d9 Page 5 of 7

Item no. in costs printout

Reason for deletion or change

28 Admin task – should be charges at admin rate

30 Overcharged – paralegal task

34 Overcharged – the letter and affidavit can be read at the same time

35 Overcharged – the letter and affidavit can be read at the same time

36 Overcharged – the letter and affidavit can be read at the same time

37 No instructions to brief the barrister

41 Unreasonable charge – lawyer should know if expert is needed or not

43 Unreasonable charge – cannot charge for discussing matter in general and lawyer should know if expert is required

44 Excessive charge

45 Excessive charge

51 Unreasonable charge – cannot bill for care and skill

52 A law practice must not make a charge for preparing or giving a bill, and any charge made for that purpose is not recoverable by the law practice. – S191 LPUL

53 Law practice must not make a charge for preparing or giving a bill, and any charge made for that purpose is not recoverable by the law practice. – S191 LPUL

54 Law practice must not make a charge for preparing or giving a bill, and any charge made for that purpose is not recoverable by the law practice. – S191 LPUL

3d227e8f20d951b9904ed32f45f7d0d9 Page 7 of 7

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Ethics 3.2 (re-submit)

Course: Conflict of Laws (LAW557)

21 Documents
Students shared 21 documents in this course

University: Macquarie University

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Itemised bill
P.O Box 2
ST LEONARDS NSW 2065
ABN 62 751 281 333
31 December 20xx
Mr GL Flashman trading as Main Event
77 Rodeo Drive
Mansion Park NSW 2566
ITEMISED BILL OF COSTS PURSUANT TO COSTS AGREEMENT ENTERED INTO ON
[DATE OF COSTS AGREEMENT]
[Note: delete, amend or leave each item below as appropriate then note your reasons in the memo
on page 5 of this document.]
Ite
m
No
Date Type
Bille
d
By
Description Unit
sTOTAL Invoice #
1 03/09/20xx TA LL T/F client – requests urgent appointment – sheriff
intends to remove client business equipment in
execution of D/J obtained against client
3 $ 195.00 Unbilled
2 05/09/20xx PA LL PA on client – taking instructions to set aside D/J by
AOne Catering P/L – see Statement of Claim – client to
provide statement of events
15 $ 975.00 Unbilled
3 06/09/20xx READ SL Peruse Statement of claim 3 $ 150.00 Unbilled
4 06/09/20xx Admin BB Open file, trust and office ledger accounts 1 $ 20.00 Unbilled
5 06/09/20xx D SL Email to client to advise trust account details 3 $ 150.00 Unbilled
6 06/09/20xx D LL Draft costs agreement 3 $ 195.00 Unbilled
7 06/09/20xx TA SL T/T sheriff’s office (after waiting on line for 55 min)– will
not execute against client property if app to S/A D/J
filed or Pl sol advises that in order
10 $ 500.00 Unbilled
8 06/09/20xx Admin SL Retrieving previous client file from archives 3 $ 150.00 Unbilled
9 06/09/20xx D SL Letter to client advising re prospects of success and
enclosing costs agreement
6 $ 300.00 Unbilled
10 10/09/20xx D SL Apply for company search A-One Catering P/L 3 $ 150.00 Unbilled
11 10/09/20xx D SL Apply for business name search “Main Event” 2 $ 100.00 Unbilled
12 10/09/20xx TA SL T/T solicitor for Pl. Advising we act and instructed to
S/A D/J – request sheriff be called off
2 $ 100.00 Unbilled
13 14/09/20xx READ SL Peruse client statement 5 $ 250.00 Unbilled
14 14/09/20xx READ SL Peruse signed costs agreement 1 $ 50.00 Unbilled
15 14/09/20xx READ SL Peruse business name search 1 $ 50.00 Unbilled
16 14/09/20xx READ SL Peruse company search 1 $ 50.00 Unbilled
17 14/09/20xx R SL Research UCPR and UCPR 36.16(2)(a) in particular 20 $ 1,000.00 Unbilled
18 15/09/20xx D SL Draft notice of motion 5 $ 250.00 Unbilled
19 15/09/20xx D SL Draft affidavit of client 20 $ 1,000.00 Unbilled
20 15/09/20xx D SL Draft notice of grounds of defence 5 $ 250.00 Unbilled
21 16/09/20xx E BB Engrossing NM, affidavit and defence 5 $ 100.00 Unbilled
22 20/09/20xx D SL Email to client attaching NM, affidavit and defence for
approval
2 $ 100.00 Unbilled
23 25/09/20xx TA SL T/T client – not in left message to call 1 $ 50.00 Unbilled
24 25/09/20xx TA BB T/T client – not in left message to call 1 $ 20.00 Unbilled
25 26/09/20xx TA SL T/T client – not in left message to call 1 $ 50.00 Unbilled
26 26/09/20xx TA SL T/F client – affidavit OK – he to attend office Monday to
sign affidavit
3 $ 150.00 Unbilled
27 29/09/20xx PA SL Attend on client, witness affidavit, discussing 10 $ 500.00 Unbilled
28 29/09/20xx PA SL Attend Quikcopy 3 $ 150.00 Unbilled
29 29/09/20xx D SL Email Pl sols attaching copy NM, affidavit and defence
to be filed asap
2 $ 100.00 Unbilled
3d227e8f20d951b9904ed32f45f7d0d9.docx Page 1 of 7
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