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Melbourne Demons board dispute: Court documents reveal cost of legal fees for club directors

The legal costs incurred by Demons board directors embroiled in a legal war with former president Glen Bartlett have been described by a judge as ‘disproportionate’ with the matter.

Dees Board latest 2023 AFL
Dees Board latest 2023 AFL

Court documents reveal Melbourne Football Club directors have piled up more than $413,000 in legal fees in their war with former president Glen Bartlett.

And the Demons camp will be forced to pay the vast majority of the money after losing a “special costs application” in the Supreme Court of Western Australia on Tuesday.

Bartlett is suing four Melbourne directors – including current president Kate Roffey – over his murky exit from the club in April 2021.

The Demons have engaged some of Australia’s top lawyers in the Bartlett stoush led by Matthew Collins KC and commercial litigator Janet Whiting from law firm Gilbert + Tobin.

The court heard Dr Collins charges $11,000 a day, while Whiting’s hourly rate is $950.

Barlett’s counsel described the Demons directors’ legal team as “Rolls-Royce representation”.

It emerged this week that Melbourne coach Simon Goodwin had also lawyered up, engaging Sydney defamation expert Rebekah Giles.

Kate Roffey is one of four Melbourne Football Club directors who were represented by Matthew Collins KC and Janet Whiting. Picture: David Caird
Kate Roffey is one of four Melbourne Football Club directors who were represented by Matthew Collins KC and Janet Whiting. Picture: David Caird

But Melbourne is refusing to disclose whether the club or an insurer is covering the costs for Goodwin, Roffey and her three co-directors – David Rennick, David Robb and Steve Morris.

The club also declined to say whether it intended to continue using the same high-powered legal team or whether it believed $413,000 was a justifiable amount to spend on the Supreme Court proceeding.

A club spokesman said on Thursday: “Mr Bartlett initiated the proceedings against club directors, and it is regrettable that the club and its people are placed in a position of needing to defend such matters.

“The club received a costs order from the Supreme Court of Western Australia, which will require Mr Bartlett to reimburse the club for costs relating to the action he brought (and later discontinued) against club directors. The amount of this order is yet to be resolved.

“In addition to the costs order awarded to the club, a special cost application was lodged by the club with the Supreme Court of Western Australia. Those additional special costs have not been awarded to the club.”

Former Demons president Glen Bartlett discontinued his Supreme Court action in Western Australia after the club directors were successful in shifting the matter to Victoria. Picture: Adam Trafford/AFL Media
Former Demons president Glen Bartlett discontinued his Supreme Court action in Western Australia after the club directors were successful in shifting the matter to Victoria. Picture: Adam Trafford/AFL Media

In his verdict handed down on Tuesday, Justice Marcus Solomon said he agreed with counsel for Bartlett that “the costs incurred by the defendants (Melbourne) appear to be disproportionate to the substantive matters to which those costs relate”.

“My experience of the matter does not appear to justify a costs order of over $320,000, and certainly not in excess of $410,000,” Justice Solomon said.

A costs order for the failed application was also awarded against the four Melbourne directors.

Bartlett has shifted the court fight from the Supreme Court of WA to the Federal Court after lawyers for the directors were successful in an application to shift the original proceeding to the Supreme Court of Victoria.

Bartlett is accusing the four directors of misleading and deceptive conduct and defamation, claims which the club says are “baseless” and will be “vigorously” defended.

A hearing is scheduled in the Federal Court on Wednesday (August 23).

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Original URL: https://www.heraldsun.com.au/sport/afl/teams/melbourne/melbourne-demons-board-dispute-court-documents-reveal-cost-of-legal-fees-for-club-directors/news-story/d86a39c799bd5b8903f8ddfd6a92ade5