Bass & Bass

The parties to this proceeding were Bass & Bass, a firm of solicitors, and the respondent, who was a former client of the firm. The dispute concerned the firm's entitlement to recover outstanding professional fees for work undertaken on behalf of the respondent. The matter came before Aldridge J in the Supreme Court of Victoria.

The central legal issue before the Court was whether the solicitors' claim for outstanding fees was valid, notwithstanding allegations by the former client that the firm had failed to provide adequate disclosure regarding their costs and had engaged in misleading or deceptive conduct in contravention of consumer protection legislation. Specifically, the Court had to determine if the solicitors had complied with their obligations under the *Legal Profession Act 2004* (Vic) and the *Australian Consumer Law* in their dealings with the client concerning the costs agreement and the rendering of tax invoices.

Aldridge J reasoned that the solicitors had failed to provide the client with a costs disclosure that was sufficiently clear and comprehensive, as required by the *Legal Profession Act 2004* (Vic). The Court found that the disclosure provided was vague and did not adequately inform the client of the potential costs involved. Furthermore, the Court determined that the firm's conduct in representing the costs to be lower than they ultimately were, and in failing to provide timely and accurate updates, amounted to misleading or deceptive conduct under the *Australian Consumer Law*. Consequently, the Court held that the solicitors were not entitled to recover the full amount of their claimed fees.

The Court ordered that the amount recoverable by Bass & Bass be significantly reduced to reflect the breaches of their statutory obligations and the misleading conduct.