TGIF 14 August 2026 – Does A Solicitor’s Lien Attach To A Costs Order?

This week’s TGIF considers Enyo Lawyers Pty Ltd v Island Resorts (Facilities and Equipment) Pty Ltd [2026] QCA 133, where the Queensland Court of Appeal confirmed a solicitor’s lien attaches to costs orders at the time they are made, entitling the solicitor to priority over monies recovered under those orders.

The decision provides guidance on the scope and enforcement of a solicitor's equitable lien, particularly in the context of receivership.

Key takeaways

• A solicitor's equitable lien over a costs order crystallises when the order is made. There is no need for a fund to exist for a court to protect the solicitor’s priority. 
   
• Identifying the relevant property to which the lien attaches is critical.