Green & Ors v Australian Hydrocarbons Nl

The case of Green & Ors v Australian Hydrocarbons Nl concerned an application for special leave to appeal to the High Court of Australia. The applicants were represented by Mr R. Gyles, QC, and Mr J. Callaway, while the respondent was represented by Mr D.F. Jackson, QC, and Mr J.S. Wheelhouse.

The central legal issue before the court was the interplay between a general order made under the Conveyancing Act, which permitted solicitors to charge a gross fee, and the provisions of the Legal Practitioners Act concerning the submission, service, and taxation of bills of costs. Although the statutory framework had been amended since the events in question, the applicants argued that the point remained live due to the continuation of the relevant Conveyancing Act order in force through subsequent legislative enactments.

The court was required to consider the provisions of the Legal Practitioners Act 1898, specifically sections 29 and 36, which dealt with the court's power to order the delivery of a bill of costs and the time limit for applying for a reference for taxation after payment of a bill, respectively. The applicants' submission focused on how these provisions interacted with the allowance of gross fees under the Conveyancing General Order, which was also before the court for consideration.