Baines & Baines

The case of *Baines & Baines* concerned a dispute between a solicitor, Baines & Baines, and its former client, Ms. Baines. The dispute arose from the solicitor's conduct in relation to a family law matter, specifically concerning the alleged failure to obtain instructions and the subsequent filing of an application without proper authorisation. Ms. Baines sought to have the solicitor's bill of costs set aside and to recover costs incurred in relation to the application. The matter came before Cleary J in the Supreme Court of New South Wales.

The central legal issues before the court were whether the solicitor had acted without authority in filing the application, and if so, what the consequences of that unauthorised conduct would be for the bill of costs and the recovery of expenses. The court was required to consider the principles governing the solicitor-client relationship, particularly the duty to obtain instructions and the implications of acting contrary to those instructions or without them altogether.

Cleary J found that the solicitor had indeed acted without proper instructions in filing the application. The court applied the principle that a solicitor must act within the scope of the authority granted by their client. Where a solicitor acts without authority, the court has the power to set aside any proceedings taken and to make orders regarding costs. In this instance, the court determined that the solicitor's actions were not authorised and that the bill of costs, in so far as it related to the unauthorised application, should be set aside.

The court ordered that the bill of costs be set aside and that the solicitor pay Ms. Baines' costs of the application.