Costs

King v King [2012] QCA 81

Costs – where the applicant succeeded on an appeal – where no cost orders were made – where applicant’s lawyers were acting pro bono – where costs agreement varied 15 minutes before delivery of judgment – where new costs agreement provided for recovery of costs under pro bono arrangement – whether costs should be awarded to the applicant. LPA s 308.

Tabtill No 2 Pty Ltd & Ors v DLA Phillips Fox (a firm) & Anor [2012] QSC 115.

Costs – costs assessment – where legal services were provided by the respondents to the applicants between December 2007 and September 2011 – where 115 tax invoices were issued for those legal services – where applicant seeks assessment of costs pursuant to s 335 LPA – where many invoices were issued more than 12 months prior to the application being filed on 2 March 2012 – where respondent accepts that the applicant is entitled to assessment in relation to invoices issued within 12 months prior to 2 March 2012 – where respondent contends that the applicant is time-barred in relation to earlier invoices by virtue of s 335(5) LPA – whether invoices constitute interim or final bills – whether applicant is entitled to an assessment of costs on all invoices issued by the respondent.

Costs – itemised bills – where applicant seeks a direction pursuant to r 743C UCPR that the respondent deliver itemised bills – whether information provided by the respondents to the applicants is inadequate – whether the respondent should be directed to deliver itemised bills.

LPA ss 300, 330, 332, 333, 334,335, 341.

Golder Associates P/L v Challen [2012] QDC 11.

Costs – assessment – series of bills – whether application within time – whether some bills interim bills – whether “final” bill delivered.  LPA ss 300, 332, 333, 335. (See also the article about this case in Proctor May 2012).

Willey v Ross Lawyers [2012] QCATA 22

Minor civil dispute – where decision in default of response – where claim for legal fees – whether compliance with LPA – where delay in response not explained fully. QCAT Act 2009 s 61.  LPA ss 329, 331

O'Neill v Wilson [2011] QSC 220

Costs agreements - where solicitor relied on an unsigned 'costs agreement' - whether costs agreement existed.  LPA ss.319(1)(b), 322.

Ireland v Trilby Misso Lawyers [2011] QSC 127

Solicitor and client – retainer – duration, termination and change of attorney – where the respondent denied the appellant access to his papers unless outstanding fees were paid and other conditions were met – where the appellant had entered into a ‘no win, no fee’ agreement with the respondent.

Lawyers – liens – possessory lien – determination – whether appellant owes outstanding fees to the respondent – where the respondent refuses to deliver up papers on the appellant’s file – where the respondent claimed a possessory lien over the papers.

Turner v Mitchell Solicitors [2011] QDC 61

Costs assessment - series of bills - whether application within time - whether some bills interim bills - discretion to assess anyway. LPA 2007 ss 333, 335(2).

(See also article about this case in Proctor September 2011 and this CLE paper).

Franklin v Barry & Nilsson Lawyers (No 2) [2011] QDC 55

Costs – assessment – application to review costs assessor’s decision – where in 2003 the parties entered into a costs agreement for legal work directed to the Family Court – where in 2007 the proceedings were transferred to the Federal Magistrates Court – where the District Court held that the 2003 costs agreement was void with respect to new work done after transfer – where the Court subsequently ordered that eight bills be assessed by a costs assessor pursuant to s319(1)(c) of the LPA – whether the costs assessor erred in failing to properly consider the matters prescribed in s341(1) of the Act – whether the costs assessor erred in finding that the solicitors had failed to make disclosure pursuant to Chapter 3, Part 3.4, Division 3 of the Act – whether the costs assessor erred by applying the scale 2 of costs under the Family Law Rules 2004 as a basis for determining a fair and reasonable value of legal services provided by the solicitors.

Edwards v Bray [2011] QCA 72.

Costs agreements – generally – where applicant solicitor retained by the respondents – where applicant delivered itemised account to respondents – where costs assessor appointed by Solicitors Complaints Tribunal – where costs assessment given on 9 May 2006 – where applicant filed a claim for fees in Magistrates Court – where respondents applied for summary judgment – where judgment was entered – where respondents unsuccessfully appealed to the District Court – where applicant sought leave to appeal to the Court of Appeal – whether a statutory debt came into being on the costs assessment becoming binding pursuant to QLS Act s 6ZE(2) – whether QLS Act s 6ZE(2) provides an alternative source of the solicitor’s entitlement to fees or costs – applicable limitation period pursuant to Limitation of Actions Act 1974 (Qld).

Cosmetic Surgery Advisory Centre v Hawthorn Cuppaidge & Badgery [2011] QMC 33.

Costs assessment - non-associated third party payer - whether the amount claimed is fair and reasonable in the circumstances. UCPR r.742(6). LPA s.341(3).  Boyce v McIntyre [2008] NSWSC 1218 (and see Proctor April 2009 Practice and Procedure case note about this case - above). Boyce v McIntyre [2009] NSWCA 185. And see this CLE paper.

Clayton Utz Lawyers v P& W Enterprises Pty Ltd [2011] QDC 5.

Legal practitioners – costs – whether bills constitute ‘itemised bills’.

(See also articles about this case in Proctor April 2011 and June 2011 and this CLE paper.

QCoal Pty Ltd v Cliffs Australia Coal [2010] QSC 479.

Solicitor and client costs – creation and duration of retainer – where order made that the applicants pay the respondents costs in a previous proceeding – where costs agreement made during the hearing of that proceeding and sought to be applied retrospectively – where applicants now seek declarations that the respondents’ costs agreement is not enforceable or voidable – where otherwise the applicants seek the costs statement to be struck out and declarations that the costs be assessed on the Court’s scale.

(See also the review of this case in Proctor April 2011).

Morales v Murray Lyons Solicitors [2010] QCATA 87

Minor civil dispute – jurisdiction of QCAT to hear disputes seeking recovery of legal fees as a demand for a debt or liquidated sum – conditions precedent to the recovery of legal fees that arise under the LPA.  LPA Chapter 3 Part 3.4 “Costs disclosure and assessment” ss 319, 328 – 331.

Legal Services Commissioner v Wright [2010] QCA 321

LPA 2007 s.301 – entitlement to itemised bill – meaning of ‘third party payer’ – whether legal obligation to pay costs.

(See also the review of this case in Proctor February 2011).

Quaresmini v Crouch & Lyndon [2010] FMCA 750

QLS Act s.48J.  LPA ss.329(1), 330, 331.

Amos v Ian K Fry & Company [2010] QCA 131

Procedure – costs – where order made for trustee/executor to deduct such costs from beneficiary’s share of estate as attributable to his conduct in commencing proceedings – where beneficiary refused leave to commence proceedings to seek a costs assessment order – where beneficiary sought leave to appeal from decision – whether beneficiary had standing to seek costs assessment order against trustee’s solicitor – meaning of ‘third party payer’ in the LPA – whether beneficiary had a legal obligation to pay costs.

(See also the review of this case in Proctor August 2010 and further comments in Proctor February 2011 at pp 52-53).

Legal Services Commissioner v Diane Marie Wright [2010] QSC 168

Professions and trades – lawyers – complaints and discipline – generally – where respondent solicitor refused to provide itemised bill on the basis that the party seeking the itemised bill was not a client or third party payer – where complaint lodged with Legal Services Commissioner – where Commissioner filed originating application seeking declarations that the complainant was a client of the respondent, a third party payer or otherwise entitled to apply for an assessment of the subject costs – where applicant submitted that an implied retainer arose between the complainant and respondent solicitor – whether complainant was a client of the respondent solicitor – whether complainant was a third party payer within the meaning of the Legal Profession Act 2007.

(See also the review of this case in Proctor August 2010.  Also note this decision was appealed – see appeal decision above.

State of Queensland v Masman [2009] QSC 430

Clients paid $95,000 to solicitors as retainer for legal services – whether the money was held on trust for clients – whether the money became property of the solicitors – whether the money could be subject to previous restraining orders under Criminal Proceeds Confiscation Act 2002 (Qld).

Chadwick Lawyers v McMullen [2009] FMCA 992

LPA 319, 329, 331.

Legal Services Commissioner v Dempsey [2009] LPT 20

See charges 1 and 2.

Vitobello & Hayter v Russell & Co [2009] QDC 249

Legal Profession Act 2007 s.335, s.300 - whether information in solicitors’ ledger was an ‘itemised bill’.

Legal Services Commissioner v Shera [2009] LPT 015.

Overcharging in a legal aid matter.

Legal Services Commissioner v Duffield [2007] LPC 05/07.

Overcharging where no executed client agreement.  This case refers to s 48I of the Queensland Law Society Act 1952 which was in similar terms to the current s 319 LPA.  (This case report is not available on the internet but see this Proctor article October 2008 pp 45-46).

Legal Services Commissioner v Hoolihan [2007] LPT 003.

Failure to comply with request for bills and itemised accounts. See charges 9, 18 and 25.

Baker v Legal Services Commissioner [2006] QCA 145.

See charges 1, 2, 7, 9, and 10.  See also the June 2006 Proctor article about this case.

Legal Services Commissioner v Towers [2006] LPT 3.

Grossly excessive charging by solicitor attorney of an incapacitated client.  Charging at professional rates for non-professional activities.  Failure provide itemised account.

In the Matter of Frank Nicholas Cop SCT/116 (3 February 2004).

Failure provide bill of costs, failure make written client agreement, increasing costs where no reservation clause, charging for work after termination of retainer, demanding payment of costs from a non-client with threat to sue, threat to sue for costs unless complaint to QLS withdrawn.

Council of the Queensland Law Society Inc v Roche [2003] QCA 469.

Where solicitor acted for client under retainer – where solicitor sought to execute new retainer involving blended rates - where no evidence that solicitor advised client to seek independent legal advice - where client executed new retainer - where solicitor charged client high fees under new retainer - whether fees charged under new retainer constituted gross overcharging - whether solicitor committed breach of fiduciary duty to client.

This case is examined in detail in the LSC speech Wounding the bull: costs in a disciplinary context.