On 14 August 2013, the Full Bench of the High Court unanimously overturned the Victorian Court of Appeal’s finding of a Quistclose trust in favour of a barrister in respect of money paid by a client to a solicitor for all of the client’s legal costs, including the solicitor’s own fees. The solicitor had misappropriated much of the money, with the result that some of the counsel’s fees were not paid.
List G Barristers member, Suresh Senathirajah, appeared on behalf of the appellant, the Legal Services Board.
Please click here for a detailed discussion of the decision.