Ayobi, Re

[2018] QCA 1

Queensland Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Catchwords

1. Professions and Trades
2. › Lawyers
3. › Qualifications and Admission
4. › Costs of unsuccessful or withdrawn admission application
5. › Whether applicant should pay LPAB's costs
6. › Whether costs should be less than indemnity
7. › Legal Profession Act 2007 (Qld), s 13(1)
1. Practice and Procedure
2. › Costs
3. › Discretion as to costs
4. › Admission proceedings for legal practitioners
5. › Factors relevant to exercise of discretion
6. › Fixed costs order at less than indemnity
7. › Civil Proceedings Act 2011 (Qld), s 15

Quick Take

In unsuccessful or withdrawn applications for admission as a legal practitioner, the costs discretion should be exercised to order a fixed amount less than full indemnity, having regard to the court's supervisory role, the asymmetry of costs risk (the LPAB is not exposed to adverse costs orders absent misconduct), the non-punitive nature of a refusal of admission, and the LPAB's status as a non-party litigant performing a statutory function. The court also questioned the appropriateness of the LPAB briefing Queen's Counsel on candour issues in admission proceedings.