A beneficiary of an estate from whose share costs have been deducted pursuant to court orders is not a 'third party payer' under s 301 of the Legal Profession Act 2007 (Qld) and lacks standing to seek a costs assessment order against the executor's solicitor. The appropriate course for a beneficiary dissatisfied with the quantum of costs is to challenge the executor/trustee's decision to approve the costs, not to proceed directly against the solicitor. The absence of a statutory right for beneficiaries to seek costs assessment (formerly available under s 31 of the Costs Act 1867) has not been remedied by the legislature despite judicial observations that the omission may have been inadvertent.
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