Allen v Ruddy Tomlins & Baxter

[2019] QCA 103

Queensland Court of Appeal

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Interrogate

Catchwords

1. Limitation of Actions
2. › Actions founded on simple contract
3. › Solicitor-client costs
4. › Whether costs assessment regime under Legal Profession Act 2007 (Qld) created independent cause of action outside limitation period
5. › Whether application for costs assessment constituted an 'action'
6. › Limitation of Actions Act 1974 (Qld), s 10(1)(a)
1. Statutes
2. › Acts of Parliament
3. › Interpretation
4. › General approaches to interpretation
5. › Purposive construction
6. › Whether costs assessment provisions created codified regime for recovery of legal costs
7. › Legal Profession Act 2007 (Qld), ss 3, 299, 326, 335, 337, 338
8. › Uniform Civil Procedure Rules 1999 (Qld), rr 743G, 743H
1. Legal Practitioners
2. › Costs
3. › Assessment of costs
4. › Solicitor and client costs
5. › Whether costs assessment procedure is administrative mechanism or independent source of right to recover costs
6. › Legal Profession Act 2007 (Qld), Pt 3.4, Div 7

Quick Take

The costs assessment regime under the Legal Profession Act 2007 (Qld) and UCPR Ch 17A Pt 4 does not create an independent cause of action for recovery of legal costs outside the Limitation of Actions Act 1974 (Qld). A solicitor's right to recover costs remains contractual and subject to the six-year limitation period under s 10(1)(a) of the LAA. Solicitors concerned about the limitation period expiring during a costs assessment should seek leave to commence recovery proceedings under s 338 of the LPA before the limitation period expires.