TAS Caveat - Entitled to Copy of Documents in Cost Order?

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Jenny P

Active Member
23 November 2014
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At a hearing, the judge set aside the caveat my cousin lodged and had filed and she was ordered to pay the costs of the other party, that is to the estate lawyers acting for the executor of will for the costs related to anything to do with the caveat. When she received the cost statement of over $13,000 from the estate lawyer, it itemised all the charges such as letters exchanged, email charges, postage, barrister fees, printing of each letter, phone conversations, bank statements etc etc. It was just like any statement listing dates, description and charges.

Now that the costs have been paid, is my cousin entitled to request a copy of all the documents listed in the cost order statement for which she has paid for.

My assumption is that if you pay for something, then you should receive the goods, just like any 'business' transaction. We want to request the documents from the estate lawyers but want to know our rights first. We want the documents for our personal records.

Hoping we don't have to go through FOI process as that makes no sense for 'goods' such as documents we have paid for.

Thank you for your time.
 

Rod

Lawyer
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27 May 2014
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My assumption is that if you pay for something, then you should receive the goods, just like any 'business' transaction.

This is not a business transaction, thinking it is like one will not work. It is a court order to pay the other party's costs.

for 'goods' such as documents we have paid for

No, you/your cousin didn't pay for any documents. A costs order was paid. The itemisation is only present to show the cost is reasonable.
 
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Jacqui Brauman

Well-Known Member
15 January 2016
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Victoria
www.tbalaw.com.au
Well said, Rod. The documents are not owned by your cousin - they belong to the executor and many of the documents would be privileged. FOI does not apply to most private businesses. It was a court order that your cousin pay the costs, like a penalty.
 

Jenny P

Active Member
23 November 2014
14
0
31
This is not a business transaction, thinking it is like one will not work. It is a court order to pay the other party's costs.



No, you/your cousin didn't pay for any documents. A costs order was paid. The itemisation is only present to show the cost is reasonable.
Thank you for explaining. Legal aid and other law societies I rang would not explain and told me to get a lawyer. All I needed was a simple explanation, as I am finance minded not legal minded. Should have asked the forum first.:)