Litigation and Alternative Dispute Resolution

On 4 September 2019, the High Court confirmed in Bell Lawyers Pty Ltd v Pentelow [2019] HCA 29. that the so-called Chorley exception is no longer part of the common law of Australia.

Since 1884 it has been accepted that, as part of a successful party’s favourable costs order in litigation, self-represented litigants who happen to be solicitors, may recover professional costs for their time acting for themselves in the litigation. That entitlement is known as the Chorley exception. It is an exception to the usual rule that self-represented litigants are not entitled to costs other than disbursements (general rule).

In July 2018, the New South Wales Court of Appeal extended the Chorley exception to also apply to barristers. This has now been overruled by the High Court’s decision.

Read the entire article.