DISCLOSURE & TERMS OF ENGAGEMENT (Effective 1 Jan 2022)
This disclosure and terms sets out the basis on which you engage us on your own behalf and on behalf of any company or organisation you represent.
Confidentiality
We will treat the instructions and information you give us as confidential except as you instruct us or as required by law.
Our Accounts & Rights & GST
We normally charge for our legal services by reference to the time we spend and in accordance with hourly rates. Our current rates (exclusive of GST) are set out on the reverse of this page.
We review our rates annually and increase them and will inform you of any changes. We also charge for administrative support and external services, identified on the reverse of this page. We may require you to pay money into our trust account in anticipation of our fees and charges, including fees for support and external services.
We generally issue accounts monthly. Accounts are required to be paid 7 days upon receipt. Accounts unpaid after the account is issued incur an interest charge at the rate of 8 % per annum, accruing daily from the date of the account. We may cease acting for you if accounts are not paid. If we are not paid then you hereby grant a charge over all real property held by you to us as security for any unpaid accounts due and payable in future if not paid within the terms as a term of our engagement. This right extends to us being able to register a Personal Properties Security Act (PPS) charge over your property the subject of the claim and or any settlement proceeds arising for unpaid fees.
Our fees and charges do not include any goods and services tax (“GST”) which is in addition to fees charged.
Scope of Legal Services & Other Firms
The scope of the legal work is detailed in our letter of appointment (Letter) which will set out the work. We will provide legal services to you arising from your instructions to us from time to time as in out Letter (scope) or as you may change that scope from time to time. You may find other lawyers who charge less than our standard rates detailed or lawyers who are prepared to act at less cost or at a rate of the Supreme Court. You need to consider that and whether you wish us to act for you before you proceed. Our rates and terms are as below detailed. We will endeavour to update the budgets and costs estimates as your matter proceeds.
Recovery of Costs – Litigation
If your matter involves litigation you need to be aware that costs orders even if you win will likely be very substantially less than costs you incur. Also you may have to pay the other party’s costs if you lose in addition to our costs paid.
Conflicts
If a conflict of interest arises which prevents us from continuing to act for you, we will advise you, cease acting immediately and we will help you try to find alternative legal representation.
Trust Moneys
Apart from payment of our fees, any moneys paid to us on your behalf or held by us on your behalf (other than cheques delivered to us for delivery to a third party) will be paid into our trust account. You authorise us to apply trust moneys held on your behalf towards payment of fees and charges for support and external services and to meet our accounts which have been rendered to you and which have not been paid or disputed within seven (7) days after issue of the account. Moneys paid into trust to meet fees or an account rendered can be immediately drawn after sending the account and are legally payable then.
Third Party Cheques
Unless you instruct us in writing to the contrary, any cheques which are delivered to us for the purposes of payment to or delivery to a third party will be paid or forwarded by us direct to the relevant third party and you will be taken to have authorised us to do so.
Lien
You authorise us to retain by way of lien any funds, property or documents which are from time to time in our possession or control until all fees, charges for support and external services and interest due to us have been paid.
End of this Agreement and Files
Either you or we may terminate this agreement at any time. If either of us terminates this agreement then you will be liable and obliged to pay us for all work we have done and for all charges we have incurred or incur, including work properly done and charges properly incurred after the date of termination. We are entitled to retain custody of any of your papers, documents or files until all unpaid accounts are paid in full. Our files are and remain our property and we are not obliged to release them. We destroy our files 7 years after a matter is completed. If you do not retrieve your papers, documents or files within that period we have your authority to and will destroy them along with our files.
Limitation of Liability
LiabilityWhere you suffer loss or damage as a result of conduct by us constituting negligence, breach of contract, breach of fiduciary duty or otherwise giving rise to a liability on our part, then (to the extent that the law allows effect to be given to a contractual provision for the limitation of damages or compensation):
- we will not be liable for any damage or compensation to the extent that your loss or damage is caused or contributed to by you or other persons; and
- the damages or compensation recoverable by you will not exceed the amount of the Sum Insured for the purposes of the compulsory professional indemnity insurance required under the Legal Practitioners Act 1981 and is limited pursuant to a scheme regulated under the Professional Standards Legislation and no claims beyond the published limit are able to be brought against us.
Personal Information
We collect personal information for the purpose of providing legal services and occasionally other purposes such as inviting you to events or as we are legally required to. You may request access to your personal information by contacting us.
Current Hourly Rates (exclusive of GST) (Effective 1 January 2022)
Partners & Senior Lawyers and Consultants $450 per hour. Some specialist advice and significant matters will be charged at higher hourly rates. These matters will be identified by us and discussed with you when we take instructions or deal with the relevant matters outside costs detailed herein.
Current Rates for Support Service (exclusive of GST)
Photocopying $2.00 per page $0.50 for bulk copying
External Services
External services may include:
- fees of law firms in other jurisdictions, including our interstate and overseas offices or agents
- barrister’s fees, expert’s fees, agent’s fees
- government fees and charges (including court fees and charges)
- travelling and accommodation expenses
- ASIC, LOTS and other statutory searches
- our costs of answering subpoenas or work and advice arising out of your matters
Credit Cards
We accept most credit cards (except American Express) however our card charges are passed on to our clients @ 2.2% so the use of credit cards is for the convenience of clients but at their expense. We are not able to have credit card payments for money into trust accounts for payment of your expenses and disbursements.
Legal Practitioners Act
Under the Act we inform you that you are entitled; to request an itemised account from us (if not itemised when delivered); to negotiate costs with us; to request an itemised account if a lump sum account is delivered; and we will keep you appraised and report as any matter progresses or if matters change. If you need to discuss or review any costs or accounts then contact the senior practitioner - Mark Kurtze.
