What is an 'Itemised Bill'? On 24 June 2024, the Supreme Court delivered a decision that considers the requirements of an itemised bill under the Legal Profession Act 2008 (WA)(LPA). This is relevant for law practices in relation to ensuring compliance with the statutory requirements as it may, inter alia, affect a law practice’s ability to commence recovery proceedings for legal costs. Although the case concerned the provisions of the LPA, it remains relevant under the Legal Profession Uniform Law (WA) (LPUL). The definition of ‘itemised bill’ under both statutory regimes is largely the same. Under the LPA, an “itemised bill” means a bill that specifies in detail how the legal costs are made up in a way that would allow them to be assessed under Division 8” while under the LPUL an"itemised bill” means “a bill that specifies in detail how the legal costs are made up in a way so as to allow costs to be assessed”. While the Court noted in this application that it was not concerned with reaching a conclusion in the abstract, as to what a properly ‘itemised bill’ would contain in the circumstances of this case, the Court usefully referred [at 24] to case law and judicial comments on the issue noting that the requirements for an itemised bill is always context specific and that regard must be had to all of the circumstances in determining whether a particular descriptor is sufficient. Those circumstances will include the expected knowledge of the recipient of the bill, including the instructing solicitors.
Susan Wood
4mo
Gol Azadi some good points for noting with the team here
Simon Taylor Great we finished it!
Director, Barrister & Solicitor at BMS LAW
4moWill definitely have a read! Costs is a definitely huge issue, especially when it’s that time e.g. to recover costs.