By: Mark Brookes, Partner and Dee Wood, Senior Associate
As the gap widens between the amount of costs clients pay their solicitors and the amount they can recover on a standard basis in matters litigated in the Federal Court, solicitors are increasingly requested by their clients to seek indemnity costs orders in both interlocutory hearings and at trial.
In Hamod v New South Wales (2002) 188 ALR 659; [2002] FCA 424 [665] (ALR) (per Gray J, Carr and Goldberg JJ agreeing), the Full Federal Court explained the principle for an award of indemnity costs.
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