Radich v Kenway & Anor

[2014] QCA 301

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Assessment of legal costs
4. › Scope of costs assessment under UCPR r 720
5. › Whether assessment confined to items specifically disputed by client
6. › Whether assessment extends to whole of bills where assessment of whole ordered
7. › Uniform Civil Procedure Rules 1999 (Qld), r 720
8. › Legal Profession Act 2007 (Qld), ss 316(1), 335, 341(1)
1. Practice and Procedure
2. › Costs
3. › Assessment of legal costs
4. › Natural justice in costs assessment
5. › Breach by costs assessor in assessing items without opportunity to be heard
6. › Whether breach cured by Magistrate conducting assessment afresh on affected items
7. › Whether breach required setting aside entire assessment
8. › Uniform Civil Procedure Rules 1999 (Qld), r 720(2)
1. Appeal
2. › Extension of time
3. › Application for extension of time to apply for leave to appeal
4. › Whether proposed appeal has sufficient merit to warrant extension
5. › District Court Act 1967 (Qld), s 118

Quick Take

Where a client obtains an order for assessment of the whole of a solicitor's bills under UCPR r 720, the costs assessor must assess all items in the bills, not merely those specifically disputed by the client. A breach of natural justice by the costs assessor in assessing items without giving the solicitor an opportunity to be heard does not necessarily vitiate the entire assessment; the reviewing Magistrate may cure the breach by conducting the assessment afresh on the affected items with the benefit of submissions.