KERBY & KERBY

The parties to this proceeding were Kerby & Kerby, 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 Cleary J in the Supreme Court of New South Wales.

The central legal issue before the Court was whether the firm had validly terminated its retainer with the respondent and, consequently, whether it was entitled to recover the fees claimed. This involved an examination of the circumstances surrounding the termination of the retainer and the adequacy of the notice provided by the firm to the client.

Cleary J considered the principles governing the termination of a solicitor-client retainer, particularly the requirement for reasonable notice. His Honour found that the firm had not provided sufficient notice to the respondent before terminating the retainer. This failure meant that the firm was not entitled to recover the full amount of the outstanding fees. The Court applied the principle that a solicitor must provide reasonable notice to a client before terminating a retainer, allowing the client sufficient time to find alternative representation.

Consequently, the Court made orders limiting the amount of professional fees recoverable by the firm.