Event and Time
Event Description
The case involves a dispute between a plaintiff and a respondent arising from a work-related personal injury claim. The parties reached a settlement and signed a "Release and Discharge" on April 28, 2021, stipulating that WorkCover Queensland would cover the plaintiff's costs according to regulatory guidelines. The parties could not agree on the assessment of costs, leading to the court appointing a costs assessor to evaluate the claims.
Application and Claims
- The plaintiff claimed that counsel’s fees should be allowable as an outlay in the costs assessment based on the expenses incurred during the legal proceedings as per the Workers’ Compensation and Rehabilitation Regulation 2014 (Qld).
- The plaintiff also argued that the costs of engaging two counsel should be permitted.
- The costs assessor concluded that counsel's fees were not allowable as per the relevant regulations and also determined that the costs for two counsel were not justified.
Judicial Decisions
- The application by the plaintiff to review the costs assessment was dismissed.
- The court upheld the cost assessor's decision, requiring the plaintiff to pay the respondent's costs if not agreed.
Dispute Points and Legal Basis
Dispute Points
- Plaintiff's Claims:
- Asserted that the costs assessor committed a legal error by excluding counsel’s fees as allowable costs under the Regulation. - Contended that two counsel were necessary due to the complexity of the issues at hand, which included serious disputes over the state of injuries and employment prospects.
- Respondent's Arguments:
- Argued that counsel’s fees are not allowable outlays under the Regulation. - Supported the costs assessor’s conclusions, stating that the case did not necessitate the engagement of two counsel, given the defendant had already admitted liability prior to the engagement of senior counsel.