Rigoli Lawyers and Arman

In the Supreme Court of Victoria, Justice Cronin considered an application by Rigoli Lawyers concerning their lien over client papers. The dispute arose from Rigoli Lawyers' representation of a husband in family law proceedings, where the husband sought to obtain his papers from Rigoli Lawyers, presumably to engage new solicitors, while Rigoli Lawyers sought to protect their costs.

The primary legal issue before the Court was whether Rigoli Lawyers were obliged to release the client's papers to new solicitors, Goldsmith Lawyers, and if so, upon what conditions. This involved determining the scope and application of a solicitor's lien for costs in the context of ongoing litigation and the potential for a costs dispute.

Justice Cronin ordered that Rigoli Lawyers must deliver all papers and documents belonging to the husband to Goldsmith Lawyers, provided that Goldsmith Lawyers provided a written undertaking. This undertaking stipulated that Goldsmith Lawyers would hold the papers subject to Rigoli Lawyers' lien for costs, afford Rigoli Lawyers reasonable access to the papers for preparing itemised accounts and for any future litigation between the husband and Rigoli Lawyers, and redeliver the papers to Rigoli Lawyers after the conclusion of the costs dispute and a pending appeal. The Court also granted the husband leave to request itemised invoices and otherwise dismissed proceedings between Rigoli Lawyers and the husband, subject to further applications for costs.