Hamlin v The University of Queensland (No.3)

In *Hamlin v The University of Queensland (No.3)*, Judge Jarrett of the Federal Circuit Court of Australia considered an application concerning the assessment of costs. The dispute centred on whether certain fees paid to counsel should be treated as disbursements for the purpose of calculating the respondent's costs.

The primary legal issue before the Court was the proper characterisation of counsel's fees within the framework of the *Federal Circuit Court Rules 2001*. Specifically, the Court had to determine whether these fees were to be considered as disbursements, which would affect how they were factored into the final costs order.

Judge Jarrett reasoned that counsel's fees, in the context of the Rules, were not to be treated as disbursements. The Court applied the principles governing the assessment of costs, distinguishing between expenses that are directly incurred and paid to third parties (disbursements) and professional fees for legal services rendered. The Court concluded that counsel's fees fell into the latter category.

Consequently, the Court ordered that the applicant pay the respondent's costs of and incidental to the application, fixing the total sum at $8,744.47.