Islam v Director-General, Justice and Community Safety Directorate

[2018] ACTCA 41

ACT Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Self-represented litigants
4. › Whether self-represented litigant entitled to costs for time spent
5. › Whether Chorley exception applies to person with law-related qualifications who is not a solicitor entitled to practise
1. Practice and Procedure
2. › Appeal
3. › Interlocutory appeal
4. › Application for leave to appeal
5. › Costs order
6. › Whether leave should be granted
7. › No arguable error shown

Quick Take

The Chorley exception permitting solicitor-litigants to recover costs is confined to solicitors entitled to practise. Holding Masters-level university qualifications in law-related subjects does not bring a self-represented litigant within the exception. The impecuniosity and incarcerated circumstances of a self-represented litigant are not a sufficient basis for departing from the usual costs rule that costs follow the event.