Williams v AusNet (Ruling No 4)

Williams and others commenced proceedings against AusNet, alleging breaches of the Competition and Consumer Act 2010 (Cth) and seeking compensation for alleged misleading or deceptive conduct. The proceedings were settled and the matter was before the court for consideration of the settlement terms and the issue of costs. The court was required to decide the quantum of legal costs to be awarded to the plaintiffs’ solicitors and whether the terms of the settlement were fair and reasonable.

The court noted that the terms of the settlement were largely uncontroversial and approved them. However, it was necessary to determine the quantum of legal costs to be awarded to the plaintiffs’ solicitors. The court considered the relationship between the relevant rules of court and determined that the quantum of costs should be assessed under Supreme Court (General Civil Procedure) Rules 2015 (Vic) rule 63.48, rather than rule 63.34(3). The court found that the costs claimed were fair and reasonable, taking into account the complexity of the case, the amount of work required, and the skill and experience of the solicitors.

The court determined that the total costs awarded should be $5,196,165, plus interest. The court also referred the issue of the quantum of legal costs to an Associate Justice for further consideration, in order to ensure that the amount awarded was fair and reasonable in all the circumstances. The court made orders for the payment of costs, subject to the outcome of the Associate Justice’s determination.