Alman v Macdonald Rudder (A Firm)

[2001] WASCA 375

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Legal Practitioners
2. › Remuneration
3. › Costs agreements with clients
4. › Review of costs agreement by Supreme Court
5. › Whether agreement unreasonable
6. › Discretion to vary or cancel agreement found unreasonable
7. › Whether discretion properly exercised
8. › Legal Practitioners Act 1893 (WA), s 59(5)
1. Appeal
2. › Standard of appellate review
3. › Appeal from exercise of discretion
4. › Whether error in exercise of discretion demonstrated

Quick Take

A costs agreement found unreasonable under s 59(5) of the Legal Practitioners Act 1893 (WA) may nonetheless be upheld where the opposing party relied on the agreement in consenting to orders and the applicant delayed without explanation in seeking review. The question whether s 59(5) confers a discretion to decline all relief once unreasonableness is found, or only a choice between reduction and cancellation, was expressly left open.