PROFESSIONS AND TRADES – LAWYERS – REMUNERATION – COSTS AGREEMENTS – OTHER MATTERS – where a corporate lot owner within a community title scheme filed an adjudication application with the Office of the Commissioner for Body Corporate and Community Management – where the applicant, a body corporate, engaged the respondent solicitors to respond to the corporate lot owners’ adjudication application which was dismissed as being misconceived and vexatious – where nominees of the corporate lot owner joined the committee of the applicant following a change of control – where the nominees of the corporate lot owner caused the applicant to bring proceedings to set aside two costs agreements between the applicant and respondent solicitors pursuant to s 328 of the Legal Profession Act 2 2007 (Qld) for failure to comply with the disclosure requirements of ss 308(1)(c) and 308(1)(d) – where the applicant further alleged that the costs rendered exceeded the estimate in the second costs agreement where there was no evidence of any update under s 315 of the Legal Profession Act to explain the uplift of that estimate – where the applicant sought leave to amend its originating application to consolidate it with a Magistrates Court proceeding – whether the application was authorised by special resolution of the applicant – whether the costs agreements infringe both ss 308(1)(c) and 308(1)(d) of the Legal Profession Act – whether it be in the interests of justice to grant the applicant leave to amend its originating application to consolidate it with the Magistrates Court proceeding

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BODY CORPORATE FOR 211 RON PENHALIGON WAY OFFICES v MBA LAWYERS (a firm) – [2019] QSC 314 (19 December 2019)