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As seen in: Law Society Journal Australia
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Articles

Costs cases post-Birketu: law firms and the employed solicitor rule

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By Matthew Lo Verified, Mary Tabaco -, Mary Tabaco
| Law Society Journal Australia
A A A By and - Dec 12, 2025 8:45 am AEDT Snapshot Since the High Court decision of Birketu Pty Ltd v Atanaskovic [2025] HCA 2, two decisions in the Supreme Court of New South Wales have considered an unresolved question left open by the High Court in Birketu: whether incorporated legal practices represented by their employed solicitors may recover those legal costs.
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Costs and conduct: a lesson from White House (No. 2)

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By John-Paul Panarello, Mary Tabaco -, Mary Tabaco
| Law Society Journal Australia
The recent decision in White House Developments Pty Ltd v The Owners – Strata Plan No 70276 (No 2) [2025] NSWCATAP 92 (White House (No. 2)) highlights that parties who are dissatisfied with their costs orders following a decision by NCAT must file a formal appeal, rather than seek variation through informal or separate applications. This case illustrates how a party’s outcome for costs orders can be impacted by procedural missteps in appealing costs orders in NCAT.
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