Aulich Civil Law Pty Ltd ACN 155 746 777 v Hurst-Meyers (Civil Dispute)

Aulich Civil Law Pty Ltd, a law firm, brought a claim against Hurst-Meyers for unpaid legal costs related to the conduct of litigation. The case was heard by the Civil and Administrative Tribunal of New South Wales. The primary issue before the Tribunal was whether a written offer to enter into a costs agreement was accepted by the conduct of Hurst-Meyers, and if so, whether the fees charged by the solicitors were subject to a cap. Additionally, the Tribunal had to determine whether all work done was properly chargeable. The Tribunal also examined whether the law firm was negligent in giving advice in relation to a proceeding in which the client was successful and whether the costs paid to the solicitor were wholly wasted.

The Tribunal found that the written offer to enter into a costs agreement was accepted by Hurst-Meyers' conduct. It determined that the fees charged by the solicitors were not subject to a cap but could not exceed the cap without prior written authorisation. The Tribunal concluded that all work done was properly chargeable. It established that there was an error in formulating the grounds of the originating application but found that the loss was not established. The Tribunal also found that the quantum of damages was not established. Finally, the Tribunal held that it did not have the jurisdiction to make a costs order under section 48(2) of the ACAT Act.

The Tribunal ordered that Hurst-Meyers pay the sum of $24,258.32 to Aulich Civil Law Pty Ltd within 28 days. The Tribunal dismissed Hurst-Meyers' counterclaim and Aulich Civil Law's application for an order for costs.