Terms and Conditions

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Terms and Conditions 

Liability Limited by a scheme approved under Professional Standards

1  Billing Arrangements

Subject to the above agreement, my usual policy is to issue a tax invoice on a monthly basis but I may issue tax invoices on a more frequent basis depending on the nature of the work. All tax invoices are due and payable 7 business days from the date of the tax invoice. You consent to me sending my tax invoices to you electronically at your usual email address or mobile phone number as specified by you. 

2 Acceptance of Offer

You may accept the Costs Disclosure and Costs Agreement by: 

a) signing and returning this document to me or: b) continuing to instruct me.
Upon acceptance you agree to pay for my services on these terms.

3 Interest Charges

Interest at the maximum rate prescribed in Rule 75 of the Legal Profession Uniform General Rules 2015 (“Uniform General Rules”) (being the Cash Rate Target set by the Reserve Bank of Australia plus 2%) will be charged on any amounts unpaid after the expiry of 30 days after a tax invoice is given to you. My tax invoices will specify the interest rate to be charged.

4 Recovery of Costs

The Legal Profession Uniform Law (NSW) (“the Uniform Law”) provides that I cannot take action for recovery of legal costs until 30 days after a tax invoice (which complies with the Act) has been given to you.

5 Your Rights

It is your right to:

(a) negotiate a costs agreement with me;

(b) negotiate the method of billing (eg. task based or time based);

(c) request and receive an itemised bill within 30 days after a lump sum bill or partially itemised bill is payable; 

(d) seek the assistance of the designated local regulatory authority (the NSW Commissioner) in the event of a dispute about legal costs;

(e) be notified as soon as is reasonably  practicable of any significant change to any  matter affecting costs; 

(f) accept or reject any offer I make for an interstate costs law to apply to your matter; and

(g) notify me that you require an interstate costs law to apply to your matter.

If you request an itemised bill and the total amount of the legal costs specified in it exceeds the amount previously specified in the lump sum bill for the same matter, the additional costs may be recovered by me only if:

(i) when the lump sum bill is given, I inform you in writing that the total amount of the legal costs specified in any itemised bill may be higher than the amount specified in the lump sum bill, and

(ii) the costs are determined to be payable after a costs assessment or after a binding determination under section 292 of the Uniform Law.

Nothing in these terms affects your rights under the Australian Consumer Law.

6 Your Rights in relation to a Dispute concerning Costs

If you have a dispute in relation to any aspect of my legal costs you have the following avenues of redress:

(a) in the first instance I encourage you to discuss your concerns with me so that any issue can be identified and I can have the opportunity of resolving the matter promptly and without it adversely impacting on our business relationship;

(b) you may apply to the Manager, Costs Assessment located at the Supreme Court of NSW for an assessment of my costs. This application must be made within 12 months after the bill was provided or request for payment made or after the costs were paid.

7 Payment Methods

It is my policy that when acting for new clients, that I do one or more of the following:

(a) approve credit;

(b) ask the client to pay monies into my trust account;

Unless otherwise agreed with you, I may determine not to incur fees or expenses in excess of the amount that I hold in trust on your behalf or for which credit is approved. 

8 Authorisation to Transfer Money from Trust Account

You authorise me to receive directly into my trust account any judgment or settlement amount, or money received from any source in furtherance of your work, and to pay my professional fees, internal expenses and disbursements in accordance with the provisions of Rule 42 of the Uniform General Rules.  A trust statement will be forwarded to you upon completion of the matter. 

9 Proof of Identity

The law requires that I properly identify all of my clients.  In the circumstances, I will need you to provide identity documents for verification purposes.

10 PEXA Fees

Where appropriate, I will lodge conveyancing and other documents dealing with real property electronically through a secure platform known as PEXA (Property Exchange Australia).  PEXA is an online property exchange that allows solicitors to electronically lodge land registry documents on behalf of clients. If your matter requires me to lodge documents via PEXA, PEXA will charge a processing fee. The fee charged by PEXA is in addition to the fee charged by Land Registry Services.  You will be liable for fees that are charged by PEXA and any Land Registry Services fees. Often the documents will also attract Stamp Duty and you will be liable for those fees also.

11 Retention and Copying of Your Documents

On completion of your work, or following termination (by either party) of my services, I will retain your documents for 7 years. Your agreement to these terms constitutes your authority for me to destroy the file after those 7 years. The authority does not relate to any documents which are deposited in safe custody which will, subject to agreement, be retained on your behalf indefinitely. I am entitled to retain your documents while there is money owing to me for my costs. 

You will be liable for the cost of storing and retrieving documents in storage and my professional fees in connection with this.  

12 Termination by Me

I may cease to act for you or refuse to perform further work, including:

(a) while any of my tax invoices remain unpaid;

(b) if you do not within 7 days comply with any  request to pay an amount in respect of  disbursements or future costs;

(c) if you fail to provide me with clear or timely  instructions to enable me to advance your  matter, for example, compromising my ability  to comply with Court directions, orders or  practice notes;

(d) if you refuse to accept my advice;

(e) if you indicate to me or I form the view that  you have lost confidence in me;

(f) if there are any ethical grounds which I  consider require me to cease acting for you,  for example a conflict of interest;

(g) for any other reason outside my control  which has the effect of compromising my ability to perform the work required within  the required timeframe; or

(h) if in my sole discretion I consider it is no  longer appropriate to act for you; or

(i) for just cause.

I will give you reasonable written notice of termination of my services. You will be required to pay my costs incurred up to the date of termination.

13 Termination by You

You may terminate my services by written notice at any time. However, if you do so you will be required to pay my costs incurred up to the date of termination (including if the matter is litigious, any cancellation fees or other fees such as hearing allocation fees for which I remain responsible).

14 Lien

Without affecting any lien to which I am otherwise entitled at law over funds, papers and other property of yours:

(a) I shall be entitled to retain by way of lien  any funds, property or papers of yours, which  are from time to time in my possession or  control, until all costs, disbursements, interest  and other moneys due to my firm have been  paid; and

(b) my lien will continue notwithstanding that I  cease to act for you.

15 Privacy

I will collect personal information from you in the course of providing my legal services.  I may also obtain personal information from third party searches, other investigations and, sometimes, from adverse parties. 

I am required to collect the full name and address of my clients by Rule 93 of the Uniform General Rules. Accurate name and address information must also be collected in order to comply with the trust account record keeping requirements of Rule 47 of the Uniform General Rules and to comply with my duty to the courts.

Your personal information will only be used for the purposes for which it is collected or in accordance with the Privacy Act 1988(Cth). For example, I may use your personal information to provide advice and recommendations that take into account your personal circumstances.

If you do not provide me with the full name and address and information required by law I cannot act for you. If you do not provide me with the other personal information that I request my advice may be wrong for you or misleading.

Depending on the nature of your matter the types of bodies to whom I may disclose your personal information include the courts, the other party or parties to litigation, experts and barristers, the Office of State Revenue, PEXA Limited, the Land and Property Information Division of the Department of Lands, the Registrar General and third parties involved in the completion or processing of a transaction.  

I do not disclose your information overseas unless your instructions involve dealing with parties located overseas. If your matter involves parties overseas I may disclose select personal information to overseas recipients associated with that matter in order to carry out your instructions. 

I manage and protect your personal information in accordance with my privacy policy, a copy of which can be provided at your request. My privacy policy contains information about how you can access and correct the personal information I hold about you and how you can raise any concerns about your personal information handling practices. For more information, please contact me in writing.

16 Sending Material by Email

I am able to send and receive documents electronically. However, as such transmission is not secure it may be copied, recorded, read or interfered with by third parties while in transit. If you ask me to transmit any document electronically, you release me from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document, for any delay or non-delivery of any document and for any damage caused to your system or any files. 

17 GST

Where applicable, GST is payable on my professional fees and expenses and will be clearly shown on my tax invoices. By accepting these terms you agree to pay me an amount equivalent to the GST imposed on these charges.

18 Governing Law

The law of New South Wales governs these terms and legal costs in relation to any matter upon which I am instructed to act.