Applications to waive fees are not party party costs

In Joaquim v FPI Vinyl Compounds Pty Ltd, unreported, Supreme Court of Victoria, 9 July 2010, Costs Judge Wood held that solicitors’ assistance to poor clients in applying for waivers of court fees (filing fees, setting down fees and hearing fees in this case) are not fees which are properly claimed in a party-party bill of costs.  Clients are perfectly capable of filling them in themselves, his Honour held, and if the solicitor does it for them, it’s not something the other side should have to pay for if they lose.  This is an example of work done and billed for by the solicitor which may be allowed on a solicitor-client taxation, but not on a party party taxation.  That is, it is an illustration of the difference between solicitor-client and party-party costs.

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