The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court, Darwin against Morgan Buckley Pty Ltd and Mr Anthony Whitelum in relation to fees charged for the provision of legal services.
The ACCC alleges Morgan Buckley Pty Ltd is a corporation carrying on business as a firm of solicitors supplying legal services to members of the public. From December 2000, Morgan Buckley provided legal services in Alice Springs and Darwin in the Northern Territory trading under the name Morgan Buckley Lawyers.
The ACCC's claim also alleges Mr Anthony Whitelum is a director of Morgan Buckley and a solicitor, and from on or about 1 December 2001, was a partner in the Morgan Buckley firm of solicitors.
The ACCC alleges that Morgan Buckley Pty Ltd has engaged in conduct in breach of the Trade Practices Act 1974 by issuing tax invoices for legal fees to a client that impliedly represented that the invoices had been calculated in accordance with a retainer agreement between Morgan Buckley Pty Ltd and the client. The ACCC alleges that the fee invoices had not been calculated in accordance with the retainer agreement with the result that the client had been overcharged. In doing so, the ACCC alleged that Morgan Buckley engaged in conduct that was misleading or deceptive, or likely to mislead or deceive, and made false representations in relation to the price of legal services, contrary to sections 52 and 53 (e) of the Act. The ACCC has included Mr Whitelum in the proceedings, as it is alleged that he was knowingly concerned in the alleged contraventions.
The ACCC is seeking court orders including:
- declarations that the conduct engaged in by Morgan Buckley and Mr Whitelum contravened the Act;
- an injunction restraining Morgan Buckley from engaging in the conduct again;
- injunctions requiring Morgan Buckley to:
- (i) implement a trade practices compliance program;
- (ii) arrange for an independent audit of tax invoices for legal fees rendered by Morgan Buckley;
- (iii) give refunds to affected clients;
- (iv) publish a public notice bringing the conduct to the attention of interested persons in the Northern Territory; and
- costs.
The matter has been listed for a directions hearing in the Federal Court, Darwin on 21 July 2003 at 9 a.m.