We prepare expert reports and appear as expert witnesses in relation to security for costs applications and applications for gross sum costs orders, together with advice in support of costs applications in major class actions.
Security for Costs
Defendants in litigation often have concerns their costs of successfully defending a claim will not be paid by the Plaintiff.
In such circumstances, Defendants can issue a Notice of Motion, seeking an order for security for costs.
Security for costs orders can provide peace of mind to Defendants by requiring a Plaintiff to pay into court security by way of charges, bank bonds, guarantees, or an amount of money the court considers appropriate for the Defendant’s costs of the proceeding.
Such applications are usually made at an early stage in the proceedings.
Our costs lawyers prepare expert reports which assist the court in fixing the amount and nature of security to be provided – that is, an estimate of the likely recoverable costs.
In the alternative, we are also engaged to prepare expert reports to oppose security for costs applications.
Gross Sum Costs Orders
Parties in litigation increasingly apply for gross sum costs orders to avoid the time and expense involved in the costs assessment process.
We assist by preparing expert reports supporting or opposing such applications which assist the court in making a determination of how much to allow when fixing costs on a gross sum basis.