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Recorded Webinars

Recorded Webinar: Adding Up the Costs in Estate Litigation

Courts have a discretion when ordering costs, and it is a misconception that the estate will always pay the costs of litigation. This session will look at the changing nature of cost allocation and orders in estate litigation, including: Do costs always follow the event? What
PRESENTED BY Christian Teese Special Counsel - Rigby Cooke Lawyers , Melbourne

Date/Time

About the Webinar

Courts have a discretion when ordering costs, and it is a misconception that the estate will always pay the costs of litigation. This session will look at the changing nature of cost allocation and orders in estate litigation, including:

  • Do costs always follow the event?
  • What are the cost rules in estate litigation and how far can judges deviate from the rules?
  • Issues in costs allocation including:
    • the cause of the litigation
    • investigations as a result of capacity or drafting
  • The proportionality principle: Oslen v Oslen [2019] NSWSC; Harris v Harris [2018] NSWCA 334
  • Cost consequences for executors behaving badly
  • Advising clients on the prospects of success and cost implications for bad or unfollowed advice
  • When will a court impose personal cost orders against practitioners?
  • Recent cases including: The estate of Milan Zlatevski; Geroska v Zlatevski (No 2) [2020] NSWSC 388; Re Veca [2015] VSC74; In the Estate of Amuso (No 2) [2021] SASC 61; Re Howden; Howden v Rackshaw [2020] VSC 315; Trinder v Ciniglio [2020] QSC 176

Presented By

Christian Teese
Special Counsel, Rigby Cooke Lawyers Melbourne, Vic

Christian has specialised practice expertise in Wills & Estates and Trust litigation approaching 15 years of experience.

Christian has significant experience acting for independent administrators and trustees in relation to Estate and Trust administration issues, as well as for claimants pursuing claims in relation to a diverse range of Wills, Estates and Trusts issues. He also has particular experience advising not-for-profit entities.

Christian has earned recognition for taking a cost-effective and sensible approach to litigation and has significant experience in disputes concerning legal costs. In 2021, Christian was ranked by Doyle’s Guide as a Rising Star in its Wills & Estates rankings for Victoria and in 2022 was ranked in its listing of leading lawyers in Wills & Estates litigation.

Who Should Attend?

This webinar is suitable for succession lawyers – Australia wide. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.

CPD Information

Lawyers can claim up to 1 CPD unit/point – substantive law. This webinar has been designed to run for 1 hour, however, webinar lengths can vary depending on the level of questions and discussion.

WA lawyers – Please note that TEN is unable to verify your completion of recorded webinars to the Legal Practice Board of WA. TEN is an accredited provider.

Enquiries/Assistance

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email: [email protected]

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