Western Australian Numbered Acts

LEGAL PRACTICE ACT 2003 (NO. 64 OF 2003) - SECT 244

244 .         Legal practitioner’s costs to be a first charge on the property recovered or preserved

        (1)         In every case in which a legal practitioner is employed to prosecute or defend any suit, matter or proceeding in a court, the practitioner —

            (a)         is entitled to a first charge upon the property recovered or preserved; and

            (b)         has a prior right to payment out of the property recovered or preserved for the taxed costs, charges and expenses as between practitioner and client of or in reference to the suit, matter or proceeding.

        (2)         The court before which the suit, matter or proceeding has been heard or is pending, or judge of the court in chambers, may make ex parte any order for taxation of, and for raising and paying the costs, charges and expenses referred to in subsection (1)(1)(b) out of, the property as the court or judge thinks just and proper.