Edwards v Bray & Anor

[2011] QCA 72

Queensland Court of Appeal

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Interrogate

Catchwords

1. Professions and Trades
2. › Lawyers
3. › Remuneration
4. › Costs agreements
5. › Recovery of fees
6. › Costs assessment under Queensland Law Society Act 1952
7. › Whether binding costs assessment creates statutory debt or merely procedural enforcement mechanism
8. › Queensland Law Society Act 1952 (Qld), s 6ZE(2)
1. Limitation of Actions
2. › Accrual of cause of action
3. › Solicitor's claim for fees
4. › Whether limitation period runs from termination of retainer or from binding costs assessment
5. › Limitation of Actions Act 1974 (Qld), ss 10(1)(a), 10(1)(d)
1. Practice and Procedure
2. › Summary judgment
3. › Appropriateness where only questions of statutory interpretation arise
4. › Uniform Civil Procedure Rules 1999 (Qld), r 293
1. Appeal
2. › Leave to appeal
3. › District Court of Queensland Act 1967 (Qld), s 118(3)
4. › Whether substantial injustice and reasonable argument of error

Quick Take

A binding costs assessment under s 6ZE(2) of the Queensland Law Society Act 1952 does not create a new statutory debt or reset the limitation period for a solicitor's claim for fees. The solicitor's cause of action remains contractual, accruing on termination of the retainer, and the costs assessment merely provides a procedural enforcement mechanism. The applicable limitation period is six years from accrual of the contractual cause of action under s 10(1)(a) of the Limitation of Actions Act 1974 (Qld), not six years from the date the assessment became binding under s 10(1)(d).