Re Cooke

In the Supreme Court of Queensland, the case of Re Cooke involved the Medical Assessment Tribunal and Dr. Robert John Cooke. The Tribunal found the charge of professional misconduct against Dr. Cooke not proved and ordered that the Medical Board of Queensland pay his costs, to be taxed by the Taxing Officer of the Supreme Court. The Taxing Officer doubted his authority to tax the bill of costs as ordered by the Tribunal and referred questions to the Chamber Judge. The court examined whether the Taxing Officer had the authority to tax the costs and what procedure should be followed. It concluded that the Taxing Officer had the authority to tax the costs, and the appropriate procedure was for the party in whose favor the costs order was made to file a bill of costs in taxable form with a miscellaneous file number in the Supreme Court. The court also granted an indemnity certificate for the benefit of both parties pursuant to the Appeal Costs Fund Act.

The court found that the Medical Assessment Tribunal, constituted by a Judge of the Supreme Court, had the power to order costs and that the Taxing Officer of the Supreme Court had the authority to tax such costs. The court also determined that the procedure to be followed by a party in whose favor a costs order has been made involved filing a bill of costs in taxable form with a miscellaneous file number in the Supreme Court and proceeding according to the Rules of the Supreme Court. Lastly, the court granted an indemnity certificate for the benefit of both parties pursuant to the Appeal Costs Fund Act, as the reference from the Taxing Officer was in the nature of an appeal.