In the Matter of an Application by Weedman; & In the Matter of Bills of Costs of Lynch & Co to Weedman [1998] FCA 595

FEDERAL COURT OF AUSTRALIA FEDERAL COURT - jurisdiction - cross-vesting - costs - whether Federal Court has jurisdiction to order solicitor/client taxation - where matter cross-vested to Federal Court from State Supreme Court - where parties had entered into costs agreement pursuant to s 23 Legal Practitioners Act 1995 (Qld) which prevented order for taxation in State Supreme Court - whether provisions of Legal Practitioners Act 1995 (Qld) applicable in Federal Court proceedings. COSTS - taxation of solicitor/client bills - where costs agreement entered into by parties - whether evidence of mutual abandonment of agreement by parties - whether special circumstances pursuant to s 16 Legal Practitioners Act 1995 (Qld) for ordering taxation of bills. Federal Court of Australia Act 1976 (Cth) s 23 Jurisdiction of Courts (Cross-vesting) Act 1987 (Qld) s 11 Legal Practitioners Act 1995 (Qld) ss 16, 23, and 36

Steedman v Golden Fleece Petroleum Ltd (1987) 14 FCR 464 - cited Keith Hercules & Sons v Steedman (1987) 17 FCR 290 - distinguished Ccom Pty Ltd v Jiejing Pty Ltd (Cooper J, 10 February 1994, unreported) - considered Summers v The Commonwealth (1918) 25 CLR 144 cited DTR Nominees Pty Ltd v Mona Homes Pty Ltd (1977-78) 138 CLR 423 cited Re Lynch & Co's Bill of Costs (Ambrose J, Supreme Court of Queensland, 2 October 1992, unreported) cited

IN THE MATTER of an application by darryl paul weedman, elaine margaret weedman and novamaze pty limited and IN THE MATTER of bills of costs of LYNCH & COMPANY to DARRYL PAUL WEEDMAN, ELAINE MARGARET WEEDMAN and NOVAMAZE PTY LIMITED

No QG 88 of 1996

SPENDER J BRISBANE 26 MAY 1998

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 88 of 1996

IN THE MATTER of an application by darryl paul weedman, elaine margaret weedman and novamaze pty limited