Frigger v Shepherd

The case of Frigger v Shepherd involved a dispute over the fairness of a costs agreement between a solicitor and their client. The client, Mr Frigger, argued that the agreement was not fair or reasonable due to the solicitor's failure to make certain disclosures required under the Legal Profession Act 2008. The matter was heard in the Supreme Court of Queensland. The primary legal issue before the court was whether the solicitor's failure to disclose certain information to Mr Frigger, specifically regarding the solicitor's experience in litigation and legal costs disputes, rendered the costs agreement unfair or unreasonable.

The court considered the relevant provisions of the Legal Profession Act 2008 and relevant case law in assessing the fairness of the costs agreement. The court found that the solicitor's failure to disclose their experience in the relevant areas constituted a failure to comply with the disclosure requirements. This was considered a significant factor in determining the fairness of the agreement, particularly given Mr Frigger's lack of experience in litigation and legal costs disputes. The court held that the agreement was not fair or reasonable, as it did not adequately protect Mr Frigger's interests. Consequently, the court ruled in favour of Mr Frigger and declared the costs agreement to be unfair and unreasonable.

As a result of the court's decision, the costs agreement between Mr Frigger and the solicitor was declared to be not fair or reasonable. The court did not order any specific costs or damages in this case. However, the ruling serves as a reminder to solicitors to ensure that they comply with disclosure requirements and adequately protect their clients' interests when entering into costs agreements.