Schokker v Commissioner of Taxation of the Commonwealth of Australia [2000] FCA 1734

FEDERAL COURT OF AUSTRALIA

Schokker v Commissioner of Taxation of the Commonwealth of Australia [2000] FCA 1734

COSTS – pro bono representation – contingency fee – representation for appellant on appeal – appellant impecunious – counsel agreeing to recover normal costs if and only if appellant successful – appellant successful – respondent declining to pay counsel's fees – set-off of costs order at first instance – motion for referral to counsel under Order 80 as a legal practitioner on the Pro Bono Panel – whether such a referral can be made retrospectively – whether single judge has power to make an order under Order 80 – whether contingency fee arrangement unlawful or contrary to public policy Federal Court Rules Order 80 Legal Practitioners Act 1893 (WA) s 63

Clyne v New South Wales Bar Association (1960) 104 CLR 186 applied Awwad v Geraghty & Co (a firm) [2000] 1 All ER 608 not followed HANK BERNARD SCHOKKER v COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA WG 21 OF 1998 FRENCH J 29 NOVEMBER 2000 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WG21 OF 1998

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: HANK BERNARD SCHOKKER

APPELLANT

AND: COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA

RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 29 NOVEMBER 2000

WHERE MADE: PERTH

THE COURT ORDERS THAT:

The motion is dismissed.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WG21 OF 1998

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: HANK BERNARD SCHOKKER

APPELLANT

AND: COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA

RESPONDENT