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ARTICLE · 24 APRIL 2024

Costs Expert Opinion Rejected For Not Having Direct Experience In Practising Law In NSW.

ACN 627 087 030 Pty Ltd as trustee for the YBL Trust (ABN 36 417 292 176) trading as Yates Beaggi Lawyers v Andrew John Price; ACN 627 087 030 Pty Ltd as trustee for the YBL Trust (ABN 36 417 292 176) trading as Yates Beaggi Lawyers v Elisabeth Theodore[2024] NSWDC 121

AustraliaLitigation, Mediation & Arbitration

ACN 627 087 030 Pty Ltd as trustee for the YBL Trust (ABN 36 417 292 176) trading as Yates Beaggi Lawyers v Andrew John Price; ACN 627 087 030 Pty Ltd as trustee for the YBL Trust (ABN 36 417 292 176) trading as Yates Beaggi Lawyers v Elisabeth Theodore [2024] NSWDC 121

The applicant sought to be granted leave under s 89(4) of the Legal Profession Uniform Law Application Act 2014 (NSW) to rely upon the expert report of Mr JMR, among others.

Mr JMR disclosed his expertise as having obtained the qualification Costs Lawyer within the jurisdiction of England and Wales in 2014, being a qualification regulated by the Costs Lawyer Standards Board. Mr JMR described the Board as "a separate legal profession" in those jurisdictions "focused solely on the practice of legal costs". He was admitted to practice in NSW on 11 December 2020. He has only ever practised "exclusively in the area of legal costs since April 2010".

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