ss. 52, 53(e). Alleged false, misleading or deceptive conduct in relation to the price of legal services provided by Morgan Buckley to clients
27 June 2003: Proceedings instituted in the Federal Court, Darwin, against Morgan Buckley and Anthony Whitelum, a partner and legal practitioner of the law firm.
The ACCC alleged that Morgan Buckley had engaged in conduct in breach of the Act by issuing tax invoices for legal fees to a client that implicitly represented that the invoices had been calculated in accordance with the retainer agreement between Morgan Buckley Pty Ltd and the client.
The ACCC alleged that the fee invoices had not been calculated in accordance with the retainer agreement with the result that the client had been overcharged.
30 April 2004: Proceedings were discontinued after Morgan Buckley, without admitting liability, offered the ACCC s. 87B undertakings to maintain certification for its quality assurance program. In accepting this undertaking, the ACCC took into account that the alleged overcharging was an isolated incident and the fact that Morgan Buckley had repaid the client the amount allegedly overpaid.