Turner v Macrossan & Amiet Pty Ltd (No 2)

The matter of Turner v Macrossan & Amiet Pty Ltd (No 2) involved an application by the applicant to set aside a legal costs agreement under section 328 of the Legal Profession Act 2007 (Qld). The application was filed by the respondent, Macrossan & Amiet Pty Ltd, which sought an order for the assessment of costs on the scale of the Supreme Court. The respondent contended that the Tribunal had the general jurisdiction to award costs under section 328(9A) of the Legal Profession Act 2007 (Qld). The court was required to determine whether the respondent should receive a favourable order of costs and if the costs should be assessed on the Supreme Court scale.

The court considered the relevant provisions of the Legal Profession Act 2007 (Qld) and examined the circumstances surrounding the legal costs agreement in question. The court found that the applicant had not succeeded in establishing the grounds necessary to set aside the costs agreement. Additionally, the court held that the Tribunal did not have the jurisdiction to order costs on the Supreme Court scale under section 328(9A) of the Act. Instead, the appropriate scale for assessing costs in this matter was the Magistrates Court scale.

The court ordered that the applicant must pay the respondent's costs of and incidental to the proceeding, to be assessed in accordance with the Magistrates Court scale of costs. The respondent was therefore entitled to recover its costs from the applicant, but the assessment of those costs would be conducted according to the less generous Magistrates Court scale. This decision underscores the importance of carefully considering the jurisdictional limits and applicable legal frameworks when seeking costs in professional services matters.