Modra v State of Victoria [2012] FCA 240

FEDERAL COURT OF AUSTRALIA

Modra v State of Victoria [2012] FCA 240 Citation: Modra v State of Victoria [2012] FCA 240

Parties: LUKE MODRA (BY HIS NEXT FRIEND, ELLEN MODRA) v STATE OF VICTORIA (DEPARTMENT OF EDUCATION AND EARLY CHILDHOOD DEVELOPMENT AND DEPARTMENT OF HUMAN SERVICES)

File number: VID 844 of 2010

Judge: GRAY J

Date of judgment: 19 March 2012

Catchwords: COSTS – legal practitioner – whether legal practitioner should be ordered to pay costs – costs thrown away by reason of failure to comply with orders in relation to statement of claim – costs of unnecessary directions hearing – costs ordered against client – circumstances in which legal practitioner may be ordered to pay those costs – nature of duty of client – overarching purpose of civil practice and procedure provisions – nature of duty of legal practitioner – whether serious dereliction – whether retention of counsel absolved solicitor – whether solicitor unable to explain failure by reason of legal professional privilege not waived

Legislation: Disability Discrimination Act 1992 (Cth) ss 5, 6 Federal Court of Australia Act 1976 (Cth) ss 37M, 37N, 37N(1), 37N(2)(b), 37N(4), 43(1), 43(2), 43(3)(f) Federal Court Rules 2011 rr 8.05(1)(a), 40.07, 40.07(1), 40.07(2)

Cases cited: Medcalf v Mardell [2002] UKHL 27 [2003] 1 AC 120, cited Modra v State of Victoria [2011] FCA 1375, cited Myers v Elman [1940] AC 282, cited UTSA Pty Ltd (in liq) v Ultra Tune Pty Ltd [2004] VSC 105, cited White Industries (Qld) Pty Ltd v Flower & Hart (a firm) (1998) 156 ALR 169, cited