Motor Trades Association of Australia Superannuation Fund Pty Ltd v Rickus (No 6) [2010] FCA 383

FEDERAL COURT OF AUSTRALIA

Motor Trades Association of Australia Superannuation Fund Pty Ltd v Rickus (No 6) [2010] FCA 383 Citation: Motor Trades Association of Australia Superannuation Fund Pty Ltd v Rickus (No 6) [2010] FCA 383

Parties: MOTOR TRADES ASSOCIATION OF AUSTRALIA SUPERANNUATION FUND PTY LIMITED (ACN 008 650 628) AND ANOR v JOHN RICKUS

File number: ACD 36 of 2007

Judge: FLICK J

Date of judgment: 22 April 2010

Catchwords: PRACTICE AND PROCEDURE — review of decision of taxing officer — whether decision has to be a final decision — fragmentation of taxation process — fees paid after the making of an order for costs Held: 1. That there was an agreement to be inferred as to the fees incurred in respect to litigation. 2. That agreement satisfied the requirements of s 42 of the Legal Practitioners Act 1981 (SA).

Legislation: Federal Court of Australia Act 1976 (Cth), s 35A(5) Legal Practitioners Act 1981 (SA), s 42 Federal Court Rules, O 2 r 1 ,O 62 rr 11, 43

Cases cited: Catto v Hampton Australia Ltd (In Liq) [2008] SASC 231, considered Collector of Customs (NSW) v Brian Lawlor Automotive Pty Ltd (1979) 41 FLR 338, cited Director-General of Social Services v Chaney (1980) 47 FLR 80, cited Kasmeridis v McNamara Business & Property Ltd [2006] HCA Trans 52, cited McNamara Business & Property Law v Kasmeridis [2005] SASC 269, discussed McNamara Business & Property Law v Kasmeridis [2007] SASC 90, 97 SASR 129, discussed McNamara Business & Property Law v Kasmeridis [2007] HCA Trans 425, cited Miller v Wertheim [2004] FCA 988, cited Motor Trades Association of Australia Superannuation Fund Pty Ltd v Rickus (No 5) [2009] FCA 1221, cited Titan v Babic [1995] FCA 813, cited TNT Bulkships v Hopkins (1989) 98 FLR 352, cited Wentworth v Rogers [2002] NSWSC 709, cited