Farrar v Julian-Armitage & Anor

[2016] QCA 141

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Fixing of costs by the court
4. › Process for fixing costs distinguished from costs assessment
5. › Whether itemised costs statement required
6. › Uniform Civil Procedure Rules 1999 (Qld), r 687(2)(c)
1. Practice and Procedure
2. › Costs
3. › Fixing of costs by the court
4. › Quantification
5. › Solicitor acting as party and for co-party
6. › Efficiency expected where solicitor firm is also a party

Quick Take

When a court orders costs to be fixed under r 687(2)(c) UCPR, parties should not ordinarily incur the expense of obtaining itemised costs assessments; a realistic estimate verified on affidavit by the solicitor with carriage of the matter is sufficient. ChongHerr Investments Ltd v Titan Sandstone Pty Ltd [2007] QCA 278 does not require an itemised costs statement for the purpose of fixing costs. Where a solicitor firm is itself a party, the court will expect efficiencies to be reflected in the costs claimed.