Abdul-Karim v Attorney General's Department

In the Federal Court of Australia, Abdul-Karim sought to enforce a cost agreement under which the barrister agreed to receive 20% of any monies recovered by Abdul-Karim. The Attorney General's Department argued that the cost agreement was unenforceable and that the barrister had no lien on the sum recovered. The court was required to determine whether the cost agreement was enforceable and, if not, whether the barrister had a lien on the sum recovered under the Costs in Criminal Cases Act.

The court considered whether the cost agreement was enforceable under the Legal Profession Act. The court found that the cost agreement was unenforceable as it was not in writing and signed by both parties. The court also considered whether the barrister had a lien on the sum recovered. The court found that the barrister did not have a lien on the sum recovered as the Cost in Criminal Cases Act did not apply to the case.

As a result, the court held that the cost agreement was unenforceable and that the barrister did not have a lien on the sum recovered. The court also held that the Legal Profession Act did not confer a lien on the barrister. The court ordered that Abdul-Karim was not liable to pay the barrister any costs and that the Attorney General's Department was not liable to pay the barrister any costs. The court further ordered that the matter be remitted to the Federal Circuit Court for further proceedings.