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Injury a result of an Intentional Act: No more Legal ‘Fee’ for all

Certain Lloyd’s Underwriters Subscribing to Contract No IH00AAQS v Cross & Ors [2012] HCA 56

The recent High Court ruling in Certain Lloyd’s Underwriters v Cross & Ors[1] has determined that legal fees arising from a personal injury claim resulting from an intentional act are subject to the billing restrictions dictated by section 198D of theLegal Profession Act 1987 (NSW) (the Act) (now section 338 of the Legal Profession Act 2004 (NSW)).  The ruling confirms that such claims are analogous to those involving injury arising from an unintentional act for the purpose of limiting legal costs in actions for damages less than $100,000. More…