Beau Hartnett of Hartnett Lawyers loses appeal against court decision ordering he pay Anthony Bell

A Gold Coast lawyer who “extortionately” charged an elderly client $288,000, continued to invoice her after she died, then went after her children for money has appealed a $311,000 court order. Read the result

A Gold Coast lawyer who “extortionately” charged an elderly client $288,000, continued to invoice her after she died, then went after her children for money, has lost an appeal against a six-figure court order.

Beau Hartnett, of Surfers Paradise-based Hartnett Lawyers, was ordered to pay more than $311,000 last September after charging his client $288,000 to enforce a $30,000 mortgage.

The initial Judgement, in the New South Wales Supreme Court said even the death of his client in 2018 had not stopped Mr Hartnett from billing her.

Mr Hartnett appealed the decision in March, disputing the court’s jurisdiction and the amount he was ordered to pay.

NSW Supreme Court Chief Justice Andrew Bell, along with judges Christine Adamson and John Griffiths, rejected the appeal with costs.

The original case was brought by Anthony Robert Bell, who inherited a property in West Ballina after the 2013 death of his mother, Mabel Deakin-Bell.

The property was subject to a $30,000 mortgage in favour of his father’s first wife Gwendoline Deakin-Bell.

Lawyer Beau Hartnett (inset).

The September 2022 judgment, which referred to the Deakin-Bell women by their first names for clarity, said Mr Hartnett had acted for Gwendoline from 2014, preparing her will and then seeking repayment of the $30,000 mortgage from Mr Bell on her behalf.

Following a separate judgment in 2016, the property sold for $376,000, with the net proceeds of $352,137 paid into Mr Hartnett’s trust account.

In 2014 and 2015, Mr Hartnett issued Gwendoline invoices totalling $77,739. After the sale in 2016 he issued two more with a combined total over $210,800.

Mr Hartnett continued to issue invoices to Gwendoline even after she died on May 31, 2018.

Gold Coast solicitor Beau Hartnett.

During the initial case, Justice Elisabeth Peden gave specific examples of overcharging by Mr Hartnett, including one where $36,201 was charged to file a statement of claim – it was 27 times more than the $1321 allowed by regulation.

Meanwhile, documents from a second matter, in Southport Magistrates Court, revealed Mr Hartnett also sent an invoice for more than $36,000 to the adult children of Ms Deakin-Bell, three years after her death.

After they didn’t pay the June 2021 bill, Mr Hartnett sued them for the $36,013, plus interest and costs of $2318.

The claim said Linda Lynch of Beaudesert and James Halmarick of Robina were liable to pay the invoice as they were executers of their mother’s 2012 will.

Mr Hartnett agreed to dismiss the claim against Ms Lynch and Mr Halmarick last year.