Lawyer Cancellation Fees

Nearly 30 years ago an Australian judge remarked that the charging of cancellation fees by counsel was a new phenomenon, before branding it as one to be questioned. The interim has witnessed a broadening of this practice, grounded in addressing the opportunity cost for barristers when a matter does not proceed to final adjudication according to schedule. At a time when both legislators and judges lament the costs hurdles to accessing justice, and in the absence to date of any scholarly treatment of the cancellation fee topic in the Australian literature, it is apt to investigate and examine the varying judicial and professional views that have emerged in this context. The article concludes by calling for at least some professional pronouncement in this space.