Winn v Boss Lawyers Pty Ltd

Julene Winn brought an application against Boss Lawyers Pty Ltd, seeking to set aside a costs agreement she had entered into for legal services rendered in relation to a procedural hearing in the Federal Court. Ms Winn disputed the scope of work and the amount billed by Boss Lawyers, alleging that the firm had failed to fulfil a condition that an experienced lawyer personally undertake the work, had negligently incurred additional court costs, and had briefed counsel without instruction. Boss Lawyers denied these allegations and maintained that the nature and extent of the legal services were clearly identified in the costs agreement and that the billing was consistent with its terms.

The primary legal issue before the court was whether the costs agreement was unfair and unreasonable and should be set aside pursuant to section 328 of the Legal Profession Act 2007 (Qld). Ms Winn argued that the agreement was unfair and unreasonable due to the alleged failures of Boss Lawyers. In contrast, Boss Lawyers contended that the agreement was fair and reasonable and should be upheld.

The court dismissed Ms Winn's application to set aside the costs agreement. It found that the nature and extent of the legal services were clearly identified in the costs agreement and that the billing was consistent with its terms. The court did not accept Ms Winn's allegations of failure to fulfil a condition that an experienced lawyer personally undertake the work, negligently incurred additional court costs, and briefing counsel without instruction. As a result, the court concluded that the costs agreement was fair and reasonable and should not be set aside.

The court ordered that Boss Lawyers must file two copies and give one copy to Ms Winn of any submissions on which they wish to rely in relation to the question of costs in these proceedings by 25 July 2018. Ms Winn must file two copies and give one copy to Boss Lawyers of any submissions on which she wishes to rely in relation to the question of costs in these proceedings by 15 August 2018. The matter of costs in these proceedings will be determined on the papers after 17 August 2018.