WA Costs/Disbursements for self represented

[SimonWheeler]

Hi I am currently in the District Court as a self represented plaintiff to a civil matter.

Whilst self represented I still from time to time take paid legal advice on matters of procedure and to check that my pleadings are coherent and fit for purpose/procedure etc, mostly I will make amendments to my draft pleadings based on this advice.
The advice is specific to the matter, not general advice as can be shown via invoices etc but the Lawyer is not 'on the record' as such.
Sometimes the advice is to strategy - or at least running strategy past someone who understands procedure.

I understand that if successful I may be able to claim general Court costs and disbursements - (valuation reports required for evidence etc)
My question is can I claim any of the costs of that legal advice?

Also - does anyone have any judgements to similar matters that they can recommend I have a look at.
All my searches ever seem to bring up are for self-represented lawyers which I am not - I only have access to publicly available information via jade/AustLii etc

Many thanks in advance.
(and yes if and when it becomes necessary I will engage a Lawyer to represent me - it is a numbers game at this stage of proceedings)

 

[Nighthelyn]

Dear SimonWheeler,

Unfortunately I don’t think so.

1. The usual rule concerning costs is that self-represented litigants are not entitled to claim compensation or recover legal costs against the opposing party since they didn’t actually engage lawyers to act for them - so there was no entitlement for them to recover “legal costs”.
2. the recent case law actually is that not even self-litigant lawyers can recover ”legal costs” anymore, unless legislation specially allow it in certain situations involving government or in-house lawyers.
3. Practically try to include it but be prepared that, unless you had engaged an external lawyer, you should be prepared to not be able to obtain costs on “legal costs”.

See - https://eresources.hcourt.gov.au/downloadPdf/2019/HCA/29

Good luck!
-Nighthelyn

 

[Nighthelyn]

Dear SimonWheeler,

Unfortunately I don’t think so.

1. The usual rule concerning costs is that self-represented litigants are not entitled to claim compensation or recover legal costs against the opposing party since they didn’t actually engage lawyers to act for them - so there was no entitlement for them to recover “legal costs”.
2. the recent case law actually is that not even self-litigant lawyers can recover ”legal costs” anymore, unless legislation specially allow it in certain situations involving government or in-house lawyers.
3. Practically try to include it but be prepared that, unless you had engaged an external lawyer, you should be prepared to not be able to obtain costs on “legal costs”.

See - https://eresources.hcourt.gov.au/downloadPdf/2019/HCA/29

Good luck!
-Nighthelyn

I forgot to refer - paragraphs 89-92, and it may be helpful that the rule self-litigant lawyers had been able to claim cost has been known for a while as the ”Chorley rule” based on a UK case on civil costs …

 

[SimonWheeler]

I forgot to refer - paragraphs 89-92, and it may be helpful that the rule self-litigant lawyers had been able to claim cost has been known for a while as the ”Chorley rule” based on a UK case on civil costs …

Hi Nighthelyn,

Many thanks for the reply, I have come across the Chorley rule - but only in reference to lawyers/barristers wanting to charge for legal work they have done for their own case.
It appears that self represented lawyers can claim costs for barristers (other than themselves) etc and I wondered if a similar approach may apply to the self represented.

I understand that I can not charge for my time etc, but I have paid a lawyer for advice specific and relevant to the matter, they are just not 'on the record' in the matter itself at this point.
I suppose another way of looking at it might be - if my lawyers do go on the record at any point can I only claim those legal costs from the date they went 'on the record' or would all be considered

Thanks again for the response and for the link.