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Answered in 13 minutes by:
8/7/2009
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14,361
Experience: I did my law degree at the University of Queensland
VerifiedQ: (i) Are verbal contracts considered legal contracts? If yes, under which Act?
A: Yes, if you can prove them. Its not under any Act, it a principle of common law. Proving verbal agreements is often difficult.
Q:(ii) Since we made upfront payment on demand, can we claim it back?
A: You can request it back, but if he/she says no - then the only way you would get it back is by taking the matter to Court.
Q:(iii) Can we refuse to pay him the extra amount he has Invoiced?
A: Yes, but then you run the risk of him suing you over it.
Q:(v)Since he did not follow the terms and conditions of engagement, can we seek for disciplinary action? If yes under which Act?
A: You can make a complaint to the Legal Services Commissioner, and if the lawyer is found to be in breach of the Legal Profession Act 2004, then the Commissioner can stop them from practicing law.
I realize you've already done this, so there is nothing further you can do to have this lawyer reprimanded.
If my answers to your questions have been helpful or informative to you, please hit the Accept button.
A: Yes, if you can prove them. Its not under any Act, it a principle of common law. Proving verbal agreements is often difficult.
Q:(ii) Since we made upfront payment on demand, can we claim it back?
A: You can request it back, but if he/she says no - then the only way you would get it back is by taking the matter to Court.
Q:(iii) Can we refuse to pay him the extra amount he has Invoiced?
A: Yes, but then you run the risk of him suing you over it.
Q:(v)Since he did not follow the terms and conditions of engagement, can we seek for disciplinary action? If yes under which Act?
A: You can make a complaint to the Legal Services Commissioner, and if the lawyer is found to be in breach of the Legal Profession Act 2004, then the Commissioner can stop them from practicing law.
I realize you've already done this, so there is nothing further you can do to have this lawyer reprimanded.
If my answers to your questions have been helpful or informative to you, please hit the Accept button.
Q: if I incurred extra cost for the same service from another solicitor (because of poor service of the first one), can I claim it in the Court?
A: Yes, however, it would be up to the judge to decide whether you would get it or not.
Q: And if I incurred financial loss due to the Court Process can I claim it in the Court?
A: This one would probably be a no. You could possibly get awarded costs (which contemplate the additional court costs), but financial losses suffered because you had to go through the Court process - that by itself wouldn't be recoverable (except in terms of costs).
Whether you get awarded costs or not is a matter for the judge.
If my answers to your questions have been helpful or informative to you, please hit the Accept button.
A: Yes, however, it would be up to the judge to decide whether you would get it or not.
Q: And if I incurred financial loss due to the Court Process can I claim it in the Court?
A: This one would probably be a no. You could possibly get awarded costs (which contemplate the additional court costs), but financial losses suffered because you had to go through the Court process - that by itself wouldn't be recoverable (except in terms of costs).
Whether you get awarded costs or not is a matter for the judge.
If my answers to your questions have been helpful or informative to you, please hit the Accept button.
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14,361
Experience: I did my law degree at the University of Queensland
VerifiedBrisbane-Lawyer and 87 other Australia Law Specialists are ready to help you
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