Thomas v Romeo Lockleys Asset Partnership (No 2)

• Jurisdiction: Australia Federal only
• Court: Federal Court
• Judgment Date: 06 October 2022
• Neutral Citation: [2022] FCA 1276
• Date: 06 October 2022

Federal Court of Australia

Thomas v Romeo Lockleys Asset Partnership (No 2) [2022] FCA 1276

File number:	SAD 105 of 2020 SAD 169 of 2020
Judgment of:	CHARLESWORTH J
Date of judgment:	6 October 2022
Date of publication of reasons:	26 October 2022
Legislation:	Fair Work Act 2009 (Cth) s 570 Federal Court of Australia Act 1976 (Cth) s 33V Legal Profession Act 2006 (ACT) ss 269, 277
Cases cited:	Thomas v Romeo Lockleys Asset Partnership [2022] FCA 1106 Tomlinson v Ramsey Food Processing Pty Ltd (2015) 256 CLR 507
Division:	Fair Work Division
Registry:	South Australia
National Practice Area:	Employment and Industrial Relations
Number of paragraphs:	57
Date of hearing:	29 September 2022
SAD 105 OF 2020
Counsel for the Applicant:	Mr R Markham
Solicitor for the Applicant:	Adero Law
Counsel for the Respondents:	Mr T Duggan KC
Solicitor for the Respondents:	Crawford Legal
Counsel for Adero Law:	The non-party Adero Law appeared by its representative Mr R Markham
SAD 169 of 2020
Counsel for the Applicant:	Mr R Markham
Solicitor for the Applicant:	Adero Law
Counsel for the Respondents:	Mr T Duggan KC
Solicitor for the Respondents:	Crawford Legal
Counsel for Adero Law:	The non-party Adero Law appeared by its representative Mr R Markham

ORDERS

		SAD 105 of 2020
BETWEEN:	CHRISTOPHER PETER THOMAS Applicant
AND:	ROMEO LOCKLEYS ASSET PARTNERSHIP, BEING THE PARTNERSHIP OPERTED BY LOCKLEYS FOODLAND PTY LTD & ROMEO LOCKLEYS HOLDINGS PTY LTD (ABN 12 244 067 815) First Respondent ; LOCKLEYS FOODLAND PTY LTD (ACN 108 166 276) Second Respondent ; ROMEO LOCKLEYS HOLDINGS PTY LTD (ACN 108 157 928) Third Respondent

		SAD 169 of 2020
BETWEEN:	MARTIN SHINA Applicant
AND:	“ROMEO NSW PARTNERSHIP” BEING THE PARTNERSHIP OPERATED BY ROMEO NSW INVESTMENTS PTY LTD AND THE TRUSTEE FOR ROMEO NSW HOLDING TRUST (ABN 11 807 080 683) First Respondent ; ROMEO NSW INVESTMENTS PTY LTD (ACN 156 756 544) Second Respondent ; ROMEO NSW HOLDINGS PTY LTD (ACN 156 757 809) Third Respondent

order made by:	CHARLESWORTH J
DATE OF ORDER:	6 OCTOBER 2022

THE COURT ORDERS THAT:

1. For the purposes of paragraph 6 of the orders made on 19 September 2022, the questions set out in Attachment A to these orders (Referred Questions) are referred to a Registrar of the Court (Referee), for inquiry and report pursuant to s 54A of the Federal Court of Australia Act 1976 (Cth) and r 28.61 and r 28.66 of the Federal Court Rules 2011 (Cth).

2. The Referee is to provide a report containing the Referee’s opinions in relation to the Referred Questions on or before 29 November 2022, or on such later date as the Court may determine.

3. Except to the extent identified in the Referred Questions, the Referee is not to inquire into:

   1. the consequences that should follow from any identified non-compliance with the provisions of any law regulating the legal profession; or

   2. whether there should be an uplift of Adero Law’s professional fees referable to due care and skill.

4. For the purposes of the referral, the Referee:

   1. is to proceed on the basis that Adero Law is entitled to be remunerated in accordance with Sch 3 of the Rules;

   2. is not required to conduct a detailed and complete assessment of costs but may otherwise inquire in to the Referred Questions with as much specificity or generality as the Referee thinks fit so as to assist the Court to determine whether to vary the lump sum assessment in paragraph 5 of the orders made on 19 September 2022;

   3. may request that Adero Law provide such additional information relevant to the Referred Questions as the Referee considers appropriate;

   4. is to include details of any requests for the provision of information and the response given by Adero Law to any such requests; and

   5. notwithstanding any suppression or non-publication order, may access and have regard to the following materials on the Court file:

      1. the reasons in: Thomas v Romeo Lockleys Asset Partnership [2022] FCA 1106;

      2. the material filed in support of the interlocutory application (approval application);

      3. a copy of the transcript of submissions made in support of the approval application; and

      4. the affidavit filed in accordance with paragraph 6(b) of these orders.

5. Adero Law is to provide to the Referee copies of all documents provided to Ms Catherine Dealehr for the purpose of the preparation of any report for use in these proceedings, including all correspondence passing between Ms Dealehr and its representatives.

6. On or before 13 October 2022, Adero Law as an interested non-party is to:

   1. undertake a review of the time keeping records referred to in the report of Ms Dealehr dated 8 June 2022 (Dealehr Report), so as to ensure that they contain (and only contain) work that Adero Law asserts would ordinarily be properly chargeable to the applicant, and time entries Adero Law asserts are reasonably necessary for the performance of itemised activities; and

   2. file and serve on the applicant an affidavit:

      1. disclosing the outcome of its review and annexing (in electronic form as appropriate) the revised time records;

      2. providing a description of the work undertaken prior to the entry into the costs agreement and an explanation as to why any such work is said to be chargeable to the applicant;

      3. discretely identifying the fees and disbursements said to be chargeable to the applicant for the purpose of obtaining any report of a costs consultant;

      4. providing a detailed description of the work undertaken in the preparation of pleadings, including the provision of work product justifying the professional fees and disbursements claimed against the applicant, and explaining those charges in light of the hours referred to in Table 11 and Table 21 of the Dealehr Report; and

      5. disclosing the extent to which any drafting, analysis, case theory preparation, modelling or other work product is a duplication or repetition of work produced in relation to any other litigation.

7. Adero Law is to bear its own costs of its participation in the referral.

8. Except with the leave of the Court, the applicant and Adero Law are not to withdraw their application for an order varying the amount specified in paragraph 5 of the orders made on 19 September 2022.

9. Liberty to apply.

Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

ATTACHMENT A

Referred Questions

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