In the matter of section 3.4.38 of the Legal Profession Act 2004 (Vic); James, Boyd (a pseudonym) v Fildes, Taussig Cherrie [2022] VSC 559

COSTS - Summons by applicant seeking review of bills of costs pursuant to s 3.4.38 of the Legal Profession Act 2004 (Vic) of bills of costs rendered by the respondent in respect of professional services performed in the Family Court of Australia extending back to 1 July 2008 - Respondent objects to jurisdiction by reason that the Family Law Amendment Rules 2008 provided that the provisions relating to review of costs in chapter 19 of the Family Law Rules 2004 (Cth) continued to apply in respect of matters that commenced prior to 1 July 2008 and that the Costs Court had no jurisdiction to consider the application for review - Consideration of question whether respondent going off the record in Court proceedings while still continuing to provide legal advice had the effect of ending the applicant's retainer of the respondent - Finding that retainer which commenced in August 2007 not terminated by respondent going off the court record - Finding that Costs Court was without jurisdiction to hear the application.