Green v Legal Profession Admission Board (No 2)

The matter before the court was an appeal by the Legal Profession Admission Board against an order for costs made by the Federal Circuit Court of Australia. The Board had disqualified the applicant from admission as a legal practitioner due to concerns about his character and fitness to practice law. The applicant sought review of the Board's decision, and the court found in his favour. The Board appealed the costs order, which had been fixed at a gross sum and included a discount for the conduct of the applicant during the proceedings.

The central issue for the court was whether the costs order made by the Federal Circuit Court was appropriate. The Board contended that the order was excessive and should be reduced due to the conduct of the applicant, which increased the costs of the proceedings. The court had to consider the general rule that costs follow the event and whether any discretion existed to depart from this rule. Additionally, the court needed to assess whether the discount applied to the legal costs was justified and appropriate.

In delivering the judgment, the court held that the general rule that costs follow the event is a strong principle that should not be lightly departed from. However, the court also recognised that there are circumstances where a departure from the general rule is warranted. In this case, the court found that the discount applied to the legal costs was justified due to the conduct of the applicant. The court noted that the applicant had engaged in conduct that unnecessarily prolonged the proceedings, which in turn increased the costs. The court concluded that the costs order was appropriate, but the discount was justified and should be maintained. The appeal was dismissed.

The court did not make any further orders in relation to the costs. The decision serves as a reminder that while the general rule that costs follow the event is strong, there are circumstances where a departure from this rule is warranted, particularly where the conduct of a party has contributed to the costs of the proceedings.