Legal Services Commissioner v Cooper

The Legal Services Commissioner sought an assessment of costs against Cooper, following his finding of unsatisfactory professional conduct. The respondent had consented to an order for him to pay the Commissioner's costs, but submitted that given his cooperation with the investigation and the efficient progression of the matter, the order should fix his costs at $0. The Commissioner submitted that the costs should be assessed, and the Tribunal should be guided by the indemnity principle. The Tribunal was tasked with determining whether an assessment of costs was reconcilable with the indemnity principle, and whether it could fix the costs based on the information provided by the parties.

The Tribunal considered the principles of indemnity costs and the circumstances of the case. It held that an assessment of costs was consistent with the indemnity principle, as it allowed for a proper consideration of the conduct of both parties and the efficient progression of the matter. The Tribunal found that it was able to fix the costs based on the information provided by the parties, and that the respondent's cooperation and the efficiency of the matter warranted a lower costs award. The Tribunal ordered that the parties endeavour to agree on a costs assessor, and if unsuccessful, it would appoint one to assess the costs.

The Tribunal's orders included a directive for the parties to agree on a costs assessor and notify the Tribunal by a specified date. If the parties were unable to agree, the Tribunal would appoint a costs assessor to assess the costs. This approach allowed for a fair and efficient resolution of the costs dispute, while taking into account the unique circumstances of the case.

No further orders were made in the decision.