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Out of Court Settlement

Printed From: AussieLegal
Category: General Legal Discussions
Forum Name: Discuss legal issues that are of a general nature
Forum Discription:
Printed Date: 19/April/2019 at 00:20

Topic: Out of Court Settlement
Posted By: ahyae
Subject: Out of Court Settlement
Date Posted: 20/November/2012 at 20:50
If a matter is settled out of court. Would the 'winner' be able to ask for legal cost apart from the settlement amount?

Posted By: iconoclast
Date Posted: 20/November/2012 at 21:01

More info please. Depends - what are the circumstances?

not legal advice

Posted By: MartinO
Date Posted: 20/November/2012 at 21:06
As I understand it the legal fee discussion should occur as part of the out of court settlement, if it does not form part of the settlement, then it is not possible to come back for a second bite of the cherry.

Once the matter is settled, it is settled.

I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

Posted By: NotGuilty
Date Posted: 20/November/2012 at 21:44
There is technically no winner or loser when a case settles. Settlement can be inclusive of costs, meaning each party pays their own costs, or plus costs, meaning one party pay the others costs. It really depends on what is negotiated. So you can ask before negotiations conclude.

Posted By: ahyae
Date Posted: 21/November/2012 at 08:11

Thank you. It is a professional negligence compensation case.

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