| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMON LAW DIVISION
JUDICIAL REVIEW AND APPEALS LIST
S ECI 2019 04095
| GOLDEN CITY SUPPORT SERVICES INC | Plaintiff |
| v | |
| DEBRA FORREST | First Defendant |
| ASSOCIATE PROFESSOR EVANGE ROMAS | Second Defendant |
| ASSOCIATE PROFESSOR ANDREW HARDIDGE | Third Defendant |
| DOCTOR ROBERT SHIELDS | Fourth Defendant |
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JUDGE: | MOORE J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | On the papers |
DATE OF JUDGMENT: | 4 November 2021 |
CASE MAY BE CITED AS: | Golden City Support Services v Forrest (No 2) |
MEDIUM NEUTRAL CITATION: | [2021] VSC 718 |
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COSTS – Judicial review proceeding under the Workplace Injury Rehabilitation and Compensation Act 2013 – Decision of medical panel not set aside – Whether Court should certify counsel’s fee for the hearing of the proceeding – Appropriate to certify counsel’s fees – Talevska v Ensign Services (Aust) Pty Ltd [No 2] [2021] VSC 319 – O’Brien v Greater Bendigo City Council; Lea v Fosterville Gold Mine (costs ruling) [2016] VSC 33.
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APPEARANCES: | Counsel | Solicitors |
| For the Plaintiff | Hall & Wilcox | |
| For the First Defendant | Mr R Kumar | Arnold Dallas & McPherson |
| For the Second to Fourth Defendants | No appearance | DLA Piper |
HIS HONOUR:
In my reasons for judgment in this matter delivered on 15 September 2021, I determined to dismiss the plaintiff’s application for judicial review of an opinion of a medical panel in relation to the assessment of the first defendant’s whole person impairment in a statutory impairment benefit claim.
A proposed minute of order prepared by the first defendant was provided to chambers on 20 October 2021. It is uncontroversial that, given that the plaintiff was unsuccessful, the plaintiff will be required to pay the first defendant’s costs of the proceeding on a standard basis.
The remaining issue for determination is whether I should certify the first defendant’s counsel’s fees. Although the plaintiff acknowledged that it was within the Court’s discretion to make an order certifying counsel’s fees and no issue was taken with the quantum of counsel’s fees proposed to be certified, the plaintiff submitted that I should decline to certify fees for counsel.
The plaintiff emphasised that this was a proceeding for judicial review, not a substantive claim for personal injury compensation, and that the Court does not consistently certify counsel’s fees in judicial review proceedings brought under order 56 of the Supreme Court (General Civil Procedure) Rules 2015. Reliance was placed upon the judgment of O’Meara J in Talevska v Ensign Services (Aust) Pty Ltd [No 2][1] in which his Honour refused an application for certification for the successful party’s counsel. His Honour rejected the submission that there was an ‘emerging’ or ‘usual’ practice to certify counsel’s fees and observed that considerations bearing upon the exercise of discretion arise on the particular facts of the case.[2]
[1][2021] VSC 319 (‘Talevska’).
[2]Ibid [10], [11].
The plaintiff submitted that the practice of certifying counsel’s fees for claims brought subject to the Workplace Injury Rehabilitation and Compensation Act 2013 should be viewed in…
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- Case
- [2021] VSC 718
- Decision Date
CaseChat Overview and Summary
The central legal issues in this case were whether the Court should certify counsel’s fee for the hearing of the proceeding and, if so, what amount should be certified. The Court considered the relevant statutory provisions, the case law, and the specific circumstances of this case in making its decision.
The Court found that it was appropriate to certify counsel’s fees for the hearing of the proceeding. It noted that the case involved complex issues under the Act and required detailed consideration of medical evidence and expert opinion. The Court referred to Talevska v Ensign Services (Aust) Pty Ltd [No 2] and O’Brien v Greater Bendigo City Council; Lea v Fosterville Gold Mine (costs ruling) as authority for its decision. Ultimately, the Court certified the fees as reasonable and appropriate in the circumstances of the case.
The Court ordered that Golden City Support Services pay to Forrest’s counsel the certified amount of $21,450, which represented the reasonable and necessary costs incurred in relation to the proceeding.
Orders
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