Costs in the SAET

On 19 April 2017, the President Tony Rossi met with Senior Judge McCusker and Deputy President Lieschke, at their request, to have a further discussion in relation to costs in the South Australian Employment Tribunal.

This follows the information session that the Senior Judge and Deputy President had with the profession on  5 April 2017.

Tony Rossi was advised that the Presidential Members of the Tribunal had met and considered the concerns raised by the profession at the possibility of capping items of costing.  They have resolved not to implement capping of items which otherwise are not capped in the Supreme Court Scale.

Tony Rossi expressed the gratitude of the profession that the concerns raised had been considered and addressed.

The Society is working with Presidential Members of the Tribunal in relation to dealing with any cases of severe overcharging that may arise in the future.

Members are reminded that there is a duty to understand the items of costing of the Supreme Court Scale and to ensure that they are correctly applied to the circumstances of each case.  Moreover, there is an expectation, particularly in an area where costs are recoverable generally regardless of the outcome, that the legal practitioner acts in a prudent but not overly cautious manner and that costs are not unnecessarily incurred (either between party and party or as between solicitor and client).