WILLIAMS Love and Nicol Lawyers Pty Ltd ACN 096 408 374 Trading as Bradley Allen Love Lawyers v Bayldon Group Pty Ltd ACN 105 352 485 (Civil Dispute)

Williams Love and Nicol Lawyers, trading as Bradley Allen Love Lawyers, sought to recover fees from Bayldon Group, their former client. The dispute centred on the fees charged for services provided in a failed attempt to recover a commercial debt on behalf of Bayldon Group. The primary issues before the Tribunal were whether the applicant should have been more proactive in communicating the escalating fees to the respondent and if the respondent was appropriately informed about the amounts paid into the trust account by the debtor. Additionally, the Tribunal had to determine whether the recovery fee imposed by the applicant should be included in the amount owed by the respondent.

The Tribunal considered the terms of the engagement letter, which outlined the fee structure and the circumstances under which fees were incurred. The Tribunal found that the applicant had adequately informed the respondent of the fees as per the engagement letter and that the respondent had not raised any objections to the fees charged. Furthermore, the Tribunal held that the amounts paid into the trust account by the debtor were correctly reflected in the fees invoiced. Regarding the recovery fee, the Tribunal ruled that it was a reasonable charge under the circumstances and should be included in the amount owed by the respondent.

Following its analysis, the Tribunal concluded that the applicant was entitled to the full amount of $12,455.08, which included the recovery fee. The Tribunal ordered that Bayldon Group pay this sum to Williams Love and Nicol Lawyers.