Jadwan Pty Ltd v Rae & Partners (A Firm) (No 7) [2022] FCA 1174

Jadwan Pty Ltd v Rae & Partners (A Firm) (No 7) [2022] FCA 1174

Costs may only be claimed at lawyers' rates if the solicitors are registered on the High Court Register of Practitioners; otherwise, their work is to be allowed at the lower rate applicable to law graduates or clerks. The claimed counsel's fees were fair and reasonable given the complexity of the appeal.

Parties
Appellant: Jadwan Pty Ltd; First Respondent: Rae & Partners (A Firm); Second Respondent: Wilson Dowd (A Firm); Third Respondent: Toomey Maning & Co (A Firm); Fourth Respondent: Janet Kay Hogan as the Executrix of the Estate of the Late John Michael Hogan; Fifth Respondent: Worsley Darcey & Associates (A Firm)
Jurisdiction
Australia
Judgment Date
04 October 2022
Procedural Posture
Costs Application/review / Judicial Review of Registrar's Order on Lump Sum Costs
Outcome
Costs order varied; lump sum costs increased
Legal Topics
Lump Sum Costs, Entitlement to Costs, Federal Court Practice, Legal Practitioner Registration
Civil Procedure Costs Lump Sum Costs Entitlement to Costs Federal Court Practice Legal Practitioner Registration

Case Brief

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Parties

Jadwan Pty Ltd

Appellant

Rae & Partners (A Firm)

First Respondent

Wilson Dowd (A Firm)

Second Respondent

Toomey Maning & Co (A Firm)

Third Respondent

Janet Kay Hogan as the Executrix of the Estate of the Late John Michael Hogan

Fourth Respondent

Worsley Darcey & Associates (A Firm)

Fifth Respondent

Procedural Posture

Costs Application/review / Judicial Review of Registrar's Order on Lump Sum Costs

Legal Issues

  1. 1 Whether solicitors' fees can be recovered where solicitors were not on the High Court Register of Practitioners
  2. 2 Whether the amount of counsel's and solicitors' fees claimed is fair and reasonable for lump sum costs
  3. 3 Applicable scale and classification for legal work done by persons not on Register

Ratio Decidendi

Costs may only be claimed at lawyers' rates if the solicitors are registered on the High Court Register of Practitioners; otherwise, their work is to be allowed at the lower rate applicable to law graduates or clerks. The claimed counsel's fees were fair and reasonable given the complexity of the appeal.

Court Disposition

Costs order varied; lump sum costs increased

Orders

  • Costs be awarded to the first, second and third respondents in a lump sum in the amount of $119,102.63.
  • The appellant pay to the first, second and third respondents costs of $119,102.63.