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Westpac Banking Corporation v Forum Finance Pty Limited (Contempt Application) [2021] FCA 1341 — BarristerAI

Westpac Banking Corporation v Forum Finance Pty Limited (Contempt Application)

[2021] FCA 1341

Federal Court of Australia19 October 2021

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Judges

Lee J

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Case Details

Citation[2021] FCA 1341

CourtFCA

JurisdictionCommonwealth

Decision Date19 October 2021

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For Australian Law.

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Judgment

Judges

Lee J

The duty of a solicitor to advise a client of the risks of litigation extends to advising on the prospects of recovery of costs in the event of success, particularly where the opposing party may lack the means to satisfy a costs order

The duty of a solicitor to advise a client of the risks of litigation extends to advising on the prospects of recovery of costs in the event of success, particularly where the opposing party may lack the means to satisfy a costs order.

Westpac Banking Corporation v Forum Finance Pty Limited (Contempt Application) at [30]

Where a party seeks to rely upon an estoppel by convention, the party must demonstrate that the common assumption was shared by both parties and that it would be unconscionable to permit departure from it

Where a party seeks to rely upon an estoppel by convention, the party must demonstrate that the common assumption was shared by both parties and that it would be unconscionable to permit departure from it.

Westpac Banking Corporation v Forum Finance Pty Limited (Contempt Application) at [37]

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