Broadley v Broadbeach Law Group Pty Ltd

DISTRICT COURT OF QUEENSLAND

CITATION: 

Broadley v Broadbeach Law Group Pty Ltd [2023] QDC 236

PARTIES: 

Carole Margaret Broadley

(Applicant)

v

Broadbeach Law Group Pty Ltd ACN 608 884 233  

(Respondent)

FILE NO:

BD File No. 2794/23

DIVISION:

Civil

PROCEEDING:

Application

ORIGINATING COURT: 

Brisbane District Court

DELIVERED ON:

14 December 2023

DELIVERED AT:

Brisbane

HEARING DATE: 

22 November 2023

JUDGE:

Porter KC DCJ

ORDERS:

1.   The respondent’s invoices no. 9038 dated 1 December 2023, no. 9625 dated 5 October 2021, no. 9634 dated 12 October 2021 and no. 10427 dated 19 October 2022 be assessed.

CATCHWORDS:

PROFESSIONS AND TRADES – LAWYERS – REMUNERATION – where the applicant engaged the respondent solicitors in relation to a family provision application – where the applicant settled the claim and the settlement deed required further work to be carried out – where the respondent performed work to carry out steps required under the settlement agreement – where three invoices were rendered under the costs agreement between the applicant and the respondent prior to the settlement of the family provision application – where a fourth invoice was rendered a year later in relation to the costs of carrying out the settlement agreement – whether the first three invoices were interim bills within the meaning of s 333 of the Legal Profession Act 2007 (Qld)

LEGISLATION:

Legal Profession Act 2007 (Qld)

CASES:

Challen v Golder Associates Pty Ltd [2012] QCA 307

Mishra v Bennett & Philp Pty Ltd (2021) 8 QR 306

Re Lynch and Co Bill of Costs [2000] QSC 3

Seymour v WJ Markwell& Associates [2023] QDC 112

Stevens v HopgoodGanim Lawyers (a Firm) [2023] QDC 96

TabtillNo 2 Pty Ltd v DLA Phillips Fox (a firm) [2012] QSC 115

Turner v Mitchells Solicitors [2011] QDC 61

COUNSEL:

L Gamble for the Applicant

F Chen for the Respondent

SOLICITORS:

Piper Alderman for the Applicant

Broadbeach Law Group for the Respondent

Summary

1. The applicant (Mrs Broadley) applies under s. 335 Legal Profession Act 2007 (LPA) for assessment of four bills for legal costs issued to her by the respondent (Broadbeach). Section 335(5) requires such a costs application to be brought, within 12 months after a bill is given.

2. It is uncontentious that the first three bills were given more than 12 months before this application was made. However, the applicant submits that those three bills were interim bills under s. 333 LPA and that the fourth bill was the final bill in respect of the legal services work that Broadbeach was retained to provide. On that basis, the applicant submits that this application is brought in time for assessment of all the bills. The respondent disagrees.

3. For the reasons which follow I find that each of the first three bills were interim bills pursuant to s. 333(1) LPA and the fourth bill was the final bill for the legal services that Broadbeach was retained to provide. Accordingly, the applicant is entitled to have all four bills assessed.