Anderson v Pickles Auctions Pty Ltd

(2023) 17 QR 134; [2023] QCA 205

Queensland Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Taxation and other forms of assessment
4. › Particular items
5. › Counsel fees
6. › Whether workers' compensation regulation excludes recovery of counsel's fees as outlay
7. › Whether reg 137 constitutes exhaustive list of recoverable outlays
8. › Workers' Compensation and Rehabilitation Regulation 2014 (Qld), Part 8 Div 2, reg 137
9. › Uniform Civil Procedure Rules 1999 (Qld), r 726
1. Statutory Interpretation
2. › Subordinate legislation
3. › Regulation construed in context of enabling Act and related rules
4. › Change in terminology between provisions
5. › Whether list of specified items constitutes exhaustive code
6. › Workers' Compensation and Rehabilitation Regulation 2014 (Qld), regs 135, 136, 137
7. › Acts Interpretation Act 1954 (Qld), s 14(1)
1. Workers' Compensation
2. › Costs of claims for damages
3. › Assessment of costs under release and discharge
4. › Interaction between workers' compensation regulation and Uniform Civil Procedure Rules
5. › Workers' Compensation and Rehabilitation Act 2003 (Qld), ss 289, 290A, 292, 312, 313, 314, 316, 584

Quick Take

Counsel's fees are recoverable as outlays on an assessment of costs under Part 8 Division 2 of the Workers' Compensation and Rehabilitation Regulation 2014 (Qld). Regulation 137 does not constitute an exhaustive list of recoverable outlays; it identifies specific outlays particular to workers' compensation proceedings but does not exclude outlays ordinarily recoverable under the UCPR, including counsel's fees, filing fees, witness expenses and hearing fees.