COLQUHOUN-DENVERS v YUNGHANNS

79 VR 1·Barrett AsJ
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COLQUHOUN-DENVERS v YUNGHANNS Supreme Court of VictoriaBarrett AsJ 14–16, 19 May, 23 December 2025[2025] VSC 840Costs — Taxation — Foreign lawyers retained by party and non-party in respect of defamation proceeding in Victoria — Local lawyers retained as solicitors on record — Foreign lawyers’ fees claimed as disbursement in local lawyers’ bill of costs — Whether disbursement recoverable on taxation — Whether party personally liable for foreign lawyer fees — Whether foreign lawyer fees precluded from recovery by principle of indemnity — Whether non-party the ‘real party’ in proceeding.

Schedule 1 of the Legal Profession Uniform Law Application Act 2014 (Vic) constituted the Legal Profession Uniform Law (LPUL). Section 10 of the LPUL provided that ‘[a]n entity must not engage in legal practice in this jurisdiction, unless it is a qualified entity’. Included in the definition of ‘qualified entity’ in s 6 was ‘a foreign lawyer who is not an Australian-registered foreign lawyer but only to the extent that the foreign lawyer’s legal practice is limited to the practice of foreign law and is carried out in accordance with the applicable requirements of Part 3.4’. Section 69 in pt 3.4 limited the scope of permitted ‘legal services’ for foreign lawyers practising foreign law in Australia and Australian-registered foreign lawyers and included a prohibition on a foreign lawyer practising Australian law in Australia. Section 6 of the LPUL defined ‘legal services’ as ‘work done, or business transacted, in the ordinary course of legal practice’.

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