Modra v Victoria

The case of Modra v Victoria involved a legal practitioner, Mr Gabriel Kuek, acting for the applicant, who was seeking to bring a discrimination case against the State of Victoria. The primary legal issue before the court was whether Mr Kuek should be held personally liable for costs incurred due to his failure to comply with the court’s orders regarding the preparation and filing of the statement of claim. The court had to determine if Mr Kuek's dereliction in duty constituted a serious enough dereliction to warrant personal financial liability.

The court found that Mr Kuek had failed to adhere to the specific orders given regarding the statement of claim, leading to unnecessary costs and a directions hearing. Despite the overarching principle that a legal practitioner should not be ordered to pay costs if they cannot reveal their instructions due to legal professional privilege, the court held that Mr Kuek's failure to act was not due to any privileged information but rather his own indifference. The court held that Mr Kuek's actions constituted a serious dereliction of his duty, justifying the imposition of personal liability for the costs. The court emphasised the importance of legal practitioners fulfilling their duty to the court and their clients, particularly in adhering to court orders.

In conclusion, the court ordered that Mr Gabriel Kuek of Access Law personally pay the costs that the applicant was ordered to pay, as well as bear his own costs of the determination of his liability for those costs. This decision underscores the importance of compliance with court orders and the potential personal consequences for legal practitioners who fail to meet their obligations.