R Quick & D Garnsworthy

Update 58 February 2010

QUICK ON COSTS

R Quick & D Garnsworthy

Highlights

·  New and updated commentary in Chapters 1, 2, 3, 4A, 4C, 6, 8 and 10

·  New case law

·  Scales updated

New Commentary

This update contains new commentary:

·  Goods and Services Tax where the costs are payable on an indemnity basis at [1.13.101];

·  The High Court's Register of Practitioners at [2.2340.1];

·  Litigation funding – Brookfield Mulitplex Ltd v International Litigation Funding Partners Pty Lte at [3.4357.1];

·  Costs – standard or indemnity basis? At [4.436];

·  Costs sought against non-parties – The Beach Retreat Pte Ltd v Mooloolaba Yacht Club Marina Ltd at [4.1671];

·  Section 101(4) Civil Procedure Act 2005 (NSW) at [4.10131];

·  Cases applying or considering Lahoud v Lahoud at [4.10234];

·  Fixing costs at [6.20.1F];

·  A further methodology – Random Sampling – Cornwall v Rowan (No 4) at [6.20.1.2];

·  University of Western Australia v Gray (No25) at [6.20.1.3];

·  Costs Assessors in Queensland – Their Evolution and Their Work at [6.370];

·  Queensland case law on the use of two counsel at [8.2131];

·  A gross sum order for the costs of the reference [10.1801];

·  One arbitrator’s experience in assessing costs at [10.1802].

Commentary updated

The Need for Reform at [2.260], Inferior Courts at [4.2346], Practice at [4.4800], The Payment out of Security to a Successful Plaintiff at [4.9890], The Idoport litigation – The gross sum costs orders at [6.20.1B], Skeleton Arguments at [8.920], Further examples in cases at [10.1044], In General at [10.2320].

New case law

·  Beach Retreat Pty Ltd v Mooloolaba Yacht Club Marina Ltd [2009] QSC 84 at [1.13.101], [4.436], [4.1671] and [6.20.1F] – Order for costs on indemnity basis;

·  Brookfield Multiplex Ltd v International Litigation Funding Partners Pte Ltd [2009] FCAFC 147 at [3.4357.1] – managed investments;

·  Cornwall v Rowan (No 4) [2006] SASC 111 at [6.20.1.2] – power to order a lump sum assessment when an order for taxation had been made;

·  Robb Evans of Robb Evans & Associates v European Bank Ltd (No2) [2009] NSWCA 170 at [4.10234] – application for interest on costs;

·  University of Western Australia v Gray (No 25) [2009] FCA 1227 at [2.2340.1] and [6.20.1.3] – that only a solicitor having the right to practise in federal courts could recover costs as between party and party.

Scales of Costs

The following scale of costs in Vol 3 has been updated:

The Federal Court of Australia [5.8100]

·  Schedule 2 of the Federal Court Rules 1979, was amended by the Federal Court Amendment Rules 2009 (No 3), SLI No 340 of 2009, with effect from 3 January 2010.

The superseded scale can now be found at:

·  The Federal Court of Australia at [5.8349.1].

The National guide to Council Fees has been inserted at [5.8107].

Quick on Costs 3