The case provides a comprehensive summary of the principles governing leave to appeal from the ACAT under s 86(1) of the ACAT Act, applicable to appeals on questions of both fact and law. It also sets out detailed requirements for valid Calderbank letters and confirms that the status of a litigant as self-represented is a relevant factor in determining whether to make a special costs order following rejection of a Calderbank offer. The ACAT has no jurisdiction to assess whether legal costs are fair and reasonable, as this is the exclusive function of the Supreme Court under Division 3.2.7 of the Legal Profession Act 2005 (ACT).
The full text is available to signed-in members, including the 26 later cases that cite this judgment.
7 of the 26 citing cases carry a classified treatment. How each court treated it is available to signed-in members.