Keekenzie Pty Ltd atf MCG Trust t/as MCG Legal v Ocvirk

DISTRICT COURT OF QUEENSLAND CITATION: Keekenzie Pty Ltd atf MCG Trust t/as MCG Legal v Ocvirk [2019] QDC 214 PARTIES: KEEKENZIE PTY LTD (ACN 120  557 075) as Trustee for the MCG TRUST Trading as MCG LEGAL (Appellant) V HERBERT OCVIRK (Respondent) FILE NO/S: 118/19 DIVISION: Appellate PROCEEDING: Appeal ORIGINATING COURT: Magistrates Court, Southport DELIVERED ON: 7 November 2019 DELIVERED AT: Southport HEARING DATE: 11 October 2019 JUDGE: Kent QC DCJ ORDER: 1.   Appeal allowed. 2.   The Magistrate’s order is set aside. 3. There is a costs agreement between the parties to which the Act applies and the determination of the costs payable under that agreement is remitted to the assessor to continue the costs assessment. CATCHWORDS: PROFESSIONS AND TRADES – LAWYERS – DUTIES AND LIABILITIES – SOLICITOR AND CLIENT – RETAINER – GENERALLY –  Where the court appointed a costs assessor to assess the fees charged by the appellant to the respondent – where the respondent initially denied receiving a costs agreement – where the costs assessor referred the factual issue of the existence of a costs agreement to the court – where the respondent then admitted he received the costs agreement – where the respondent accepted the costs agreement by conduct – where the Magistrate determined the costs agreement breached statutory disclosure requirements – where the Magistrate ordered the costs assessment be assessed “on the scale” following the terms of the referral – whether the Magistrate had jurisdiction to determine the costs agreement breached statutory requirements – whether...