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Refresher
In common law jurisdictions, a refresher or refresher fee is a type of legal costs and can refer to one of two things: (i) an additional fee paid to counsel if a court case lasts more than one day (ie a daily fee for subsequent days); or (ii) a fee for getting up to speed following an adjournment or delay. Treatment Australia Refresher fees are payable in Australia, although the treatment differs by state. In Western Australia, a refresher fee might be payable when a trial does not go proceed as scheduled or is adjourned, for the additional work to prepare, or get back up to speed, for the hearing date. In the Australian Capital Territory (the ACT), refresher fees of no more than 2/3rds the brief fee might be allowed if a hearing lasted more than 5 hours. In the Federal courts, refresher fees could be allowed if a hearing lasted more than 4.5 hours. England and Wales When taking a case to court, barristers typically charge a brief fee, which includes pre-trial preparat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Costs
Court costs (also called law costs in English procedure) are the costs of handling a case, which, depending on legal rules, may or may not include the costs of the various parties in a lawsuit in addition to the costs of the court itself. In the United States, "court costs" (such as filing fees, copying and postage) are differentiated from attorney's fees, which are the hourly rates paid to attorneys for their work in a case. Court costs can reach very high amounts, often far beyond the actual monetary worth of a case. Cases are known in which one party won the case, but lost more than the monetary worth in court costs. Court costs may be awarded to one or both parties in a lawsuit, or they may be waived. In the United Kingdom, Australia and Canada, the losing side is usually ordered to pay the winning side's costs. This acts as a significant disincentive to bringing forward court cases. Usually, the winning party is not able to recover from the losing party the full amount of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Counsel
A counsel or a counsellor at law is a person who gives advice and deals with various issues, particularly in legal matters. It is a title often used interchangeably with the title of ''lawyer''. The word ''counsel'' can also mean advice given outside of the context of the legal profession. UK and Ireland The legal system in England uses the term ''counsel'' as an approximate synonym for a barrister-at-law, but not for a solicitor, and may apply it to mean either a single person who pleads a cause, or collectively, the body of barristers engaged in a case. The difference between "Barrister" and "Counsel" is subtle. In England and Wales, "Barrister" is a professional title awarded by one of the four Inns of Court, and is used in a barrister's private, academic or professional capacity. "Counsel" is used to refer to a barrister who is instructed on a particular case. It is customary to use the third person when addressing a barrister instructed on a case: "Counsel is asked ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australia
Australia, officially the Commonwealth of Australia, is a country comprising mainland Australia, the mainland of the Australia (continent), Australian continent, the island of Tasmania and list of islands of Australia, numerous smaller islands. It has a total area of , making it the list of countries and dependencies by area, sixth-largest country in the world and the largest in Oceania. Australia is the world's flattest and driest inhabited continent. It is a megadiverse countries, megadiverse country, and its size gives it a wide variety of landscapes and Climate of Australia, climates including deserts of Australia, deserts in the Outback, interior and forests of Australia, tropical rainforests along the Eastern states of Australia, coast. The ancestors of Aboriginal Australians began arriving from south-east Asia 50,000 to 65,000 years ago, during the Last Glacial Period, last glacial period. By the time of British settlement, Aboriginal Australians spoke 250 distinct l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Western Australia
Western Australia (WA) is the westernmost state of Australia. It is bounded by the Indian Ocean to the north and west, the Southern Ocean to the south, the Northern Territory to the north-east, and South Australia to the south-east. Western Australia is Australia's largest state, with a land area of , and is also the List of country subdivisions by area, second-largest subdivision of any country on Earth. Western Australia has a diverse range of climates, including tropical conditions in the Kimberley (Western Australia), Kimberley, deserts in the interior (including the Great Sandy Desert, Little Sandy Desert, Gibson Desert, and Great Victoria Desert) and a Mediterranean climate on the south-west and southern coastal areas. the state has 2.965 million inhabitants—10.9 percent of the national total. Over 90 percent of the state's population live in the South-West Land Division, south-west corner and around 80 percent live in the state capital Perth, leaving the remainder ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Capital Territory
The Australian Capital Territory (ACT), known as the Federal Capital Territory until 1938, is an internal States and territories of Australia, territory of Australia. Canberra, the capital city of Australia, is situated within the territory, and is the territory's primate city. It is located in southeastern Australian mainland as an enclave and exclave, enclave surrounded by the state of New South Wales (NSW). Exclaved from NSW after Federation of Australia, federation as the seat of government for the new nation, the territory hosts Parliament House, Canberra, parliament house, High Court of Australia and the head offices of many Australian Government agencies. On 1 January 1901, Federation of Australia, federation of the colonies of Australia was achieved. Section 125 of the new Constitution of Australia, Australian Constitution provided that land, situated in New South Wales and at least from Sydney, would be ceded to the new Government of Australia, federal government. Foll ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Government Of Australia
The Australian Government, also known as the Commonwealth Government or simply as the federal government, is the national executive government of Australia, a federal parliamentary constitutional monarchy. The executive consists of the prime minister, cabinet ministers and other ministers that currently have the support of a majority of the members of the House of Representatives (the lower house) and also includes the departments and other executive bodies that ministers oversee. The current executive government consists of Anthony Albanese and other ministers of the Australian Labor Party (ALP), in office since the 2022 federal election. The prime minister is the head of the federal government and is a role which exists by constitutional convention, rather than by law. They are appointed to the role by the governor-general (the federal representative of the monarch of Australia). The governor-general normally appoints the parliamentary leader who commands the confiden ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rules Of The Supreme Court
The Rules of the Supreme Court (RSC) were the rules which governed civil procedure in the Senior Courts of England and Wales, Supreme Court of Judicature of England and Wales (since 2009 called the Senior Courts) from its formation in 1883 until 1999. The RSC applied to all Civil law (common law), civil cases in the Supreme Court in England and Wales commenced after the merger of the courts of common law and Equity (law), equity in 1883 by the Judicature Acts until they were superseded by the Civil Procedure Rules (CPR) in 1999 on 26 April 1999. Civil proceedings in the County Court (England and Wales), county courts during this period were governed by the separate County Court Rules. The RSC were designed to replace the individual rules of the courts of law and equity which were subsumed into the Supreme Court providing one harmonised set of procedural rules for all civil cases. History The original 1883 Rules Beginning in 1873 the Judicature Acts merged the previously separate ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hong Kong
Hong Kong)., Legally Hong Kong, China in international treaties and organizations. is a special administrative region of China. With 7.5 million residents in a territory, Hong Kong is the fourth most densely populated region in the world. Hong Kong was established as a colony of the British Empire after the Qing dynasty ceded Hong Kong Island in 1841–1842 as a consequence of losing the First Opium War. The colony expanded to the Kowloon Peninsula in 1860 and was further extended when the United Kingdom obtained a 99-year lease of the New Territories in 1898. Hong Kong was occupied by Japan from 1941 to 1945 during World War II. The territory was handed over from the United Kingdom to China in 1997. Hong Kong maintains separate governing and economic systems from that of mainland China under the principle of one country, two systems. Originally a sparsely populated area of farming and fishing villages,. the territory is now one of the world's most signific ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trinidad And Tobago
Trinidad and Tobago, officially the Republic of Trinidad and Tobago, is the southernmost island country in the Caribbean, comprising the main islands of Trinidad and Tobago, along with several List of islands of Trinidad and Tobago, smaller islets. The capital city is Port of Spain, while its largest and most populous municipality is Chaguanas. Despite its proximity to South America, Trinidad and Tobago is generally considered to be part of the Caribbean. Trinidad and Tobago is located northeast off the coast of Venezuela, south of Grenada, and 288 kilometres (155 nautical miles) southwest of Barbados. Indigenous peoples of the Americas, Indigenous peoples inhabited Trinidad for centuries prior to Spanish Empire, Spanish colonization, following the arrival of Christopher Columbus in 1498. Spanish governor José María Chacón surrendered the island to a British fleet under Sir Ralph Abercromby's command in 1797. Trinidad and Tobago were ceded to Britain in 1802 under t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Costs In English Law
In English civil litigation, costs are the lawyers' fees and disbursements of the parties. In the absence of any order or directive regarding costs, each party is liable to pay their own solicitors' costs and disbursements such as a barrister's fees; in case of dispute, the court has jurisdiction to assess and determine the proper amount. In legal aid cases, a similar assessment will determine the costs which the solicitors will be paid from the Legal Aid Fund. In most courts and tribunals, generally after a final judgment has been given, and possibly after any interim application, the judge has the power to order any party (and in exceptional cases even a third party, or any of the lawyers personally) to pay some or all of other parties' costs. The law of costs defines how such allocation is to take place. Even when a successful party obtains an order for costs against an opponent, it is usual that he may nevertheless still have to pay his solicitors a balance between the cost ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
