BNJ17 v Minister for Immigration

This matter came before Judge McNab of the Federal Circuit Court of Australia concerning a dispute over legal costs in migration litigation. The applicant, BNJ17, sought orders regarding costs payable to Mr Hugh Ford, who had acted as the applicant's lawyer in the proceedings.

The central legal issue before the Court was whether to make orders under section 486F(1)(c) of the Migration Act 1958 (Cth) to disallow costs payable to Mr Ford and to require repayment of costs already paid by the applicant. This section allows the Court to make such orders where the person is a lawyer who has acted for the litigant in migration litigation. Mr Ford had also raised submissions concerning alleged workplace bullying and breaches of professional conduct in response to the proposed costs orders.

Judge McNab reasoned that it was appropriate to make orders disallowing costs payable to Mr Ford and requiring repayment of costs already paid. The Court found that the services provided by Mr Ford were of no value and that the application should not have been brought on the grounds relied upon, rendering it unsatisfactory for Mr Ford to receive payment. The Court rejected Mr Ford's submissions regarding workplace bullying and breaches of professional conduct, noting his assertion of expertise in migration law. The Court required an affidavit from Mr Ford detailing amounts paid by the applicant and evidence of repayment.

The Court ordered that any costs incurred by the applicant in the commencement or continuation of the migration litigation were not payable to Mr Ford. Furthermore, Mr Ford was ordered to repay to the applicant costs already paid. An affidavit was to be filed by Mr Ford by 4 pm on 3 May 2018, disclosing all amounts paid by the applicant for services in relation to the proceeding and evidence of repayment. A subsequent affidavit filed by Mr Ford on 10 May 2018 stated that the sum of $5,500 had been repaid to the applicant.