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Michael Murray’s on-going commentary on issues in corporate and personal insolvency law and related policy and law reform, in Australia and internationally. Given the scope of insolvency, this extends to business, consumer and professional conduct, and ethics, governance and regulation, criminal, tax, environmental and administrative law, and the courts and government.

 

The Chorley exception – barristers included

This is a postscript to an earlier post about the Chorley exception, a legal rule that although self-represented litigants are not entitled to professional costs in acting for themselves in court proceedings, there is an exception where a solicitor is self-represented. It is named after the decision in London Scottish Benefit Society v Chorley (1884) 13 QBD 87.

After giving special leave to appeal from the decision of the NSW Court of Appeal in Coshott v Spencer [2017] NSWCA 118, where the rule was applied, the High Court decided, mid-hearing, to revoke the special leave: Coshott v Spencer [2018] HCATrans 81.  The matter was found not to be appropriate for a special leave determination as to whether the exception still applied.  The rule therefore still stands.

And the rule has now been extended further, to barristers representing themselves in court: see Pentelow v Bell Lawyers Pty Ltd [2018] NSWCA 150.

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