Summers v Repatriation Commission (No 3) [2015] FCAFC 85

Procedural Posture

Appeal From the Federal Court of Australia Concerning Costs / Costs Judgment Following Appeal

Legal Issues

1. 1 ['Whether De Marchi and Associates should be able to recover costs incurred in the appeal and in the Court below from Mr Summers or from another person or body.' 'Whether the solicitors should be precluded from seeking or obtaining payment of professional fees for legal work in the appeal or before the primary judge.' 'Whether questions about payment and quantum of fees under a Legal Aid Victoria grant should be left to Legal Aid Victoria.']

Ratio Decidendi

Because De Marchi and Associates' failures in adducing evidence and making submissions directed to the applicable Statement of Principles and in assisting the appeal caused the Court to refuse party/party costs in Mr Summers' favour, the professional fees that would ordinarily have been borne by the unsuccessful respondent should not fall on Mr Summers personally. Although some costs may have been reasonably incurred, any entitlement to payment by Legal Aid Victoria and the quantum of such payment should be determined by Legal Aid Victoria, not by the Court in this judgment.

Court Disposition

Orders made preventing the appellant's solicitors from seeking or obtaining payment of professional fees from Mr Summers personally and requiring documents to be provided to Legal Aid Victoria.

Orders

• ['The solicitors for the Appellant shall not seek or obtain payment of professional fees by Mr Summers for the legal work in this appeal or the proceeding before the primary judge.' 'The solicitors for the Appellant provide to Legal Aid Victoria a copy of these orders and reasons for judgment.' 'The solicitors for...