Gregg Lawyers Pty Ltd v Viki Maree Farrar (Formerly Sweeney)

Gregg Lawyers Pty Ltd and another, as applicants, sought review of decisions made by a costs assessor in relation to a barrister and a solicitor. The respondent, Viki Maree Farrar (formerly Sweeney), was the subject of these decisions. The court was tasked with reviewing the nature and extent of the disclosure obligations under the Legal Profession Act 2007, the consequences of non-compliance with these obligations, and the extent of the costs assessor's duty to provide reasons for their decisions.

The primary legal issues before the court involved whether a barrister retained by a solicitor had an ongoing disclosure obligation under section 315 of the Act, and if so, what the consequences were for non-compliance. The court also needed to determine the onus of proof in relation to the assessment under section 341 and the nature and extent of the costs assessor's duty to give reasons for their decisions. Additionally, the court considered whether an oral hearing should have been held and the costs associated with the costs assessment.

The court found that the costs assessor had not correctly applied the law in assessing the disclosure obligations and the consequences of non-compliance. The court held that the onus of proof was not correctly placed, and that the costs assessor had not adequately discharged their duty to give reasons. The court also determined that an oral hearing should have been held to address these issues. Consequently, the decisions of the costs assessor were set aside, and further submissions and responses were ordered to be filed by the respective parties.

The court issued orders setting aside the decisions of the costs assessor, and mandated a structured process for the parties to submit written submissions and responses to determine further orders. The hearing was adjourned to allow for this process to be completed.