High Court – Practice - Costs - Taxation - Counsel fees - Australian Government Solicitor ("AGS") providing services of both solicitor and counsel - Brief marked at a daily rate and an hourly rate delivered by AGS solicitor to AGS in-house counsel - Invoices of fee raised for performance of services in the role of counsel and consolidated with other charges - Whether allowances should be made for AGS in-house counsel fees where in-house counsel acting as counsel - Whether fees allowed under High Court Rules, O 71 r 91 - Whether AGS is a practitioner or firm of practitioners within the meaning of High Court Rules, O 71 r 93 - Whether AGS is the Commonwealth within the meaning of High Court Rules, O 71 r 93.
Words and phrases – "Australian Government Solicitor", "in-house counsel", "practitioner or firm of practitioners", "the Commonwealth".
Judiciary Act 1903 (Cth) – ss 55A-55ZI and 64.
High Court Rules (Cth) – O 71.
Judgment date
Case number
P1/2001
P22/2001
P47/2001
Before
Gummow J
Catchwords