Federal Court of Australia
Thompson v Ellis [2024] FCA 1200 Applications for judicial review from: Emma Narelle Cathryn Thompson v Morgan Lane as Trustee of the Bankrupt Estate of Emma Narelle Cathryn Thompson & Anor (7 September 2023) Emma Narelle Cathryn Thompson v Morgan Lane as Trustee of the Bankrupt Estate of Emma Narelle Cathryn Thompson & Anor (25 August 2023)
File numbers: QUD 419 of 2023 QUD 420 of 2023
Judgment of: SARAH C DERRINGTON J
Date of judgment: 17 October 2024
Catchwords: ADMINISTRATIVE LAW – applications for judicial review of a Registrar's assessment of quantum for lump sum costs award – where right of review lies under s 35A(5) of the Federal Court of Australia Act 1976 (Cth) – reviews conducted de novo COSTS – where respondents' costs in prior proceedings ordered to be paid out of applicant's bankrupt estate – whether lump sum costs claimed by the respondents in QUD86/2022 and QUD113/2021 are fair and just
Bankruptcy Act 1966 (Cth) s 55(4A) Federal Court of Australia Act 1976 (Cth) ss 35A(1), 35A(5), 43, 43(2), 43(3) Federal Court Rules 2011 (Cth) Sch 3, rr 3.11, 39.05, 40.01, 40.02 Legislation: Australian Solicitors Conduct Rules 2012 (Qld) rr 3, 5, 19 Body Corporate and Community Management Act 1997 (Qld) ss 94(2), 1000(5) Legal Profession Act 2007 (Qld) ss 308, 308(2), 315, 315(1), 315(2) Legal Profession Regulation 2017 (Qld) Uniform Civil Procedure Rules 1999 (Qld) Ch 8
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