Linke v TT Builders Pty Ltd

In the Federal Court of Australia, Tobin James Linke (the Applicant) sought to have certain fees payable in the Federal Court reduced to the level applicable in the Federal Circuit Court, as well as an order for the referral of certain issues to a referee for inquiry and report. The Applicant also sought to have certain proceedings in the Federal Court transferred from the Federal Circuit Court. The Applicant argued that he was entitled to a reduction of fees as the transfer of proceedings from the Federal Circuit Court to the Federal Court had been involuntary and that the fees payable would cause him financial hardship. The Applicant also sought a referral to a referee on the basis that it may reduce the length of the trial, and thus the costs, and provide an early indication of the likely quantum of his claim. The Court considered the Applicant's submissions and found that the transfer of proceedings was not involuntary, and the Applicant had not shown financial hardship. The Court also found that the referral of certain issues to a referee had potential difficulties that outweighed the advantages. The Court therefore refused the Applicant's applications and ordered that costs be in the cause.