Whether a costs consultant engages in legal practice contrary to s 2.2.2 of the Legal Profession Act 2004 (Vic) remains an open question. This case decided only that on sparse evidence it was open to the Magistrate to find the allegation not proved. The Briginshaw standard applies to such allegations given the two-year imprisonment penalty. A party seeking to establish that an unqualified person engaged in legal practice must adduce precise proofs including primary documents, not merely rely on line items in invoices. The broader question whether costs consultants necessarily engage in legal practice was expressly left unresolved.
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