Event and Time
Event Description
On 4 October 2019, an expedited appeal was listed to begin, and the appellant’s solicitor attempted to file an Application in an Appeal to read further evidence. This application included a lengthy affidavit that was prepared the day before the appeal hearing.
Application and Claims
- The appellant sought to have additional evidence considered during the appeal.
- The affidavit consisted of 10 paragraphs but was encumbered with approximately 160 annexed pages mainly comprising irrelevant email chains between solicitors.
Judicial Decisions
The court decided that the appellant's solicitor should not charge the appellant any sum exceeding $700.00 (excluding GST) for drawing up the affidavit due to the unnecessary and excessive nature of the annexed materials.
Dispute Points and Legal Basis
Dispute Points
- Appellant's Perspective:
- Argued for the inclusion of further evidence via an affidavit to support their appeal. - The affidavit, while containing necessary information, was criticized for its excessive length and the volume of irrelevant material attached. - The solicitor intended to charge a significant fee for preparing an affidavit containing unnecessary information.
- Respondents/Legal Judiciaries' Perspective:
- Highlighted that much of the information was irrelevant, presented in a disorganized manner, and did not aid the proceedings. - Emphasized the importance of proper documentation and relevant material in appeals and the fair treatment of legal costs.
Ruling and Impact
Ruling Result
The court's ruling mandated that the appellant's solicitor could not charge more than $700.00, taking into account the time that should have been reasonably required for preparing a relevant and concise affidavit. This ruling also reflected the court's scrutiny over legal fees in family law matters.