Thomas v Romeo Lockleys Asset Partnership (No 2) [2022] FCA 1276

Thomas v Romeo Lockleys Asset Partnership (No 2) [2022] FCA 1276

The Court declined to vary its previously ordered deduction of 25% from the claimable professional fees payable to Adero Law, finding this deduction appropriate given the seriousness of breaches of the Legal Profession Act 2006 (ACT) and the lack of genuine cost estimates provided to applicants. The question of uplift for care, skill and attention is deferred pending a Referee's report. Detailed inquiry into the reasonableness and necessity of claimed costs is to be conducted by the Registrar as Referee, with the outcomes to inform any further variation of the Costs Amount.

Jurisdiction
Australia
Judgment Date
06 October 2022
Procedural Posture
Representative Proceedings (class Action) / Post Settlement Approval, Costs Variation and Referral for Inquiry/report
Outcome
Questions relating to costs and deductions referred to Registrar for report; no immediate variation to the previously fixed Costs Amount. Liberty granted to apply. Adero Law to bear its own costs of participation in referral.
Legal Topics
['fair Work Act' 'legal Profession Regulation' 'settlement Approval' 'assessment of Legal Costs']
['employment and Industrial Relations' 'class Actions' 'costs'] ['fair Work Act' 'legal Profession Regulation' 'settlement Approval' 'assessment of Legal Costs']

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Procedural Posture

Representative Proceedings (class Action) / Post Settlement Approval, Costs Variation and Referral for Inquiry/report

Legal Issues

  1. 1 ['Whether the costs amount fixed by the Court should be varied' 'Appropriate deduction from claimable legal costs for breach of Legal Profession Act 2006 (ACT)' 'Whether an uplift for care, skill and attention is appropriate' 'Proper method and basis for assessment of professional fees and disbursements']

Ratio Decidendi

The Court declined to vary its previously ordered deduction of 25% from the claimable professional fees payable to Adero Law, finding this deduction appropriate given the seriousness of breaches of the Legal Profession Act 2006 (ACT) and the lack of genuine cost estimates provided to applicants. The question of uplift for care, skill and attention is deferred pending a Referee's report. Detailed inquiry into the reasonableness and necessity of claimed costs is to be conducted by the Registrar as Referee, with the outcomes to inform any further variation of the Costs Amount.

Court Disposition

Questions relating to costs and deductions referred to Registrar for report; no immediate variation to the previously fixed Costs Amount. Liberty granted to apply. Adero Law to bear its own costs of participation in referral.

Orders

  • ['Referred questions set out in Attachment A to Registrar for inquiry and report pursuant to s 54A of Federal Court of Australia Act and court rules' 'Referee to report by specified date; see Attachment A for scope' 'Adero Law to review and file affidavit regarding time records and basis of charges' 'Adero Law to...