Corinne Griffin & Co as Trustee of the Corinne Griffin & Co Law Practice Trust Account v Fraser

[2024] WASC 264

Supreme Court of Western Australia

Built by Barristers,
For Australian Law.

1. Practice and Procedure
2. › Costs
3. › Indemnity principle — self-represented solicitor — unincorporated legal practice — Bell Lawyers v Pentelow — Chorley exception abolished
1. Practice and Procedure
2. › Costs
3. › Trustee proceedings — costs of judicial advice application — solicitor and client basis — s 97 Trustees Act 1962 (WA)
1. Equity
2. › Trusts
3. › Trustee remuneration — s 98(5) Trustees Act 1962 (WA) — professional trustee charges — inherent jurisdiction to assess and approve
1. Practice and Procedure
2. › Costs
3. › Employed solicitor rule — distinction between principal's own time and employed solicitors' time

Following Bell Lawyers Pty Ltd v Pentelow, the principal of an unincorporated legal practice that represents itself in proceedings cannot recover costs for her own time, as the indemnity principle requires professional legal costs actually incurred and the Chorley exception is not part of Australian common law; the absence of a personal interest in the litigation does not overcome this requirement
Where an asserted inconsistency exists between the Legal Profession Uniform Law trust money provisions and the Trustees Act 1962 (WA) s 98(5) trustee remuneration provisions, the court's inherent jurisdiction to control and regulate trustee remuneration may be exercised to authorise payment from trust funds upon the court being satisfied as to reasonableness
The question whether an incorporated legal practice can recover costs for work performed by its sole director and shareholder remains open pending the High Court's determination of the appeal in Birketu Pty Ltd v Atanaskovic