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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I have the problem with the solicitor, because I had case

Customer Question

I have the problem with the solicitor, because I had case which he represent me and we won the case.Of course in the first case we (I write we because that was two of us in the case),after a while we had second case but this time there was 4 of us but the solicitor didn't give us nor explain the discloser agreement and we also won but the solicitor went in again with some extra case as I would say case in the case and he lost.Now he is demanding from us to pay the cost because he is explaining to us that because me and the other person sign cost agreement in the first case than we should know what will be the cost of the second one eve if we didn't sign nor there were any verbal explanation about the cost.I told him that the first case is nothing to do with the second and we should sign separate cost agreement,I told him that he first should show me and the others sign cost agreement according to Law uniform Act 2004 sec.174 but he send the letter demanding for the payment.What we can do in such situation?
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: That is in NSW
JA: Have you talked to a lawyer yet?
Customer: I wrote the formal dispute but he than change the latter and divided the cost between 4 of us and that was mistake after 2.5 years
JA: Anything else you think the lawyer should know?
Customer: I think that the lawyer should know his obligation under NSW law
Submitted: 11 months ago.
Category: Australia Law
Customer: replied 11 months ago.
I talked to the principal of the Law firm and told him that I didn't sing anything nor instructed to act on my behalf.
Expert:  kmslaw replied 11 months ago.

Hello my name is***** am a solicitor in NSW who will help you with your inquiry today.

I think this may depend upon whether the "case within a case" was an interlocutory proceeding commenced by Notice of Motion instead of a Statement of Claim or summons. Can you tell me whether the "case within a case" was started by Notice of Motion or not?

Customer: replied 11 months ago.
Apparently the case was won but the solicitor want to get rid of all Board of Directors of the Polish Club Ashfield because someone told him that the Election Committee were Elected un lawfully and without my consent went to Court and told that the Election for the Election Committee was elected without appropriate notice for the members of the Club and not according to the Club Constitution and against Corporation Act and apply to Court-Judge to see this case in other word case in the case and he lost the second part of the case.
Expert:  kmslaw replied 11 months ago.

I'm sorry that doesn't really help me to decide what needs to be done. Can you have a look through your documents provided to you by the solicitor and see if there is a Court document called a Notice of Motion among the documents? Or, alternatively, can you go through the documents and see if there is more than one Statement of Claim? Do you have a complete copy of your client file?

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