Queensland Law Society

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

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 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.