MJ Arthurs Pty Ltd v QS Law Pty Ltd trading as Quinn and Scattini Lawyers

MJ Arthurs Pty Ltd, the plaintiff, sought judicial review of an assessment of costs made by a costs assessor under the Legal Profession Act 2007 (Q). The defendant, QS Law Pty Ltd trading as Quinn and Scattini Lawyers, was the law firm that provided legal services to the plaintiff. The case was heard by the Queensland Civil and Administrative Tribunal (QCAT), and the primary issue was whether the costs assessor had accorded procedural fairness to the defendant in the assessment of costs. The plaintiff argued that the costs assessor had not provided sufficient opportunity for the defendant to challenge the amount of costs claimed, particularly in relation to the disclosure of changes to the amount of costs estimated.

The court considered whether the procedure followed by the costs assessor was fair, including whether there should have been an oral hearing and whether the defendant had been adequately informed of changes to the amount of costs estimated. The court also considered whether particular items should have been disallowed by the costs assessor. The court held that the costs assessor had not accorded procedural fairness to the defendant, as there had been insufficient disclosure of changes to the amount of costs estimated. The court further held that there should have been an oral hearing to allow the defendant to challenge the amount of costs claimed.

The parties were directed to prepare a draft order in accordance with these reasons within 14 days, failing which the matter was to be listed for further argument. The parties were also given liberty to apply.