Terms & Conditions

The cost and the scope of legal services provided by our firm are regulated by the Legal Profession Uniform Law (Victoria) (Uniform Law).

We provide cost estimates for any new engagement in any matter, setting out the scope for our services and the likely legal costs likely to be incurred. The legal costs are estimates. They are not a cap on fees, nor are they fixed fees. 

We invoice monthly and require payment of fees into trust upon commencing an engagement. 

These are the terms of our Costs Agreement required by the Uniform Law.

We will in addition provide a Disclosure Statement tailored to the requirements of your particular matter.

Introduction

Division 4 of Part 4.3 of the Legal Profession Uniform Law (Victoria) (“Uniform Law”) allows a law practice (us) and you (the client) to agree on how the law practice’s charges are to be calculated and paid.  It is called a “Costs Agreement”, and it may be enforced in the same way as any other contract.

This document is an offer to enter into a Costs Agreement in accordance with the information contained in the Disclosure Statement given to you in compliance with Division 3 of Part 4.3 of the Uniform Law.

  1. The basis on which our charges will be calculated

    You will be liable to pay our charges which will be calculated in accordance with our hourly rates detailed in the Disclosure Statement given to you.

  2. Billed charges and interest

    Interim Bills of Costs will be given to you at the end of the month or at suitable breaks in the matter and a final Bill of Costs will be given to you at the conclusion of the matter. Our Bills are immediately due and payable.

    If a Bill remains unpaid 30 days after you receive it, we may charge you interest at a rate not exceeding the Cash Rate Target, as fixed by the Reserve Bank of Australia, plus 2 per cent, at the date the Bill is issued.

    If you do not pay our Bill, we may be entitled to exercise a common law right known as a ‘solicitor’s lien’. The lien allows us to retain your documents until our bill is paid.

  3. Payment of disbursements

    We will charge you at cost for any disbursements we incur on your behalf. You must pay disbursements, including Goods and Services Tax (GST), incurred by us on your behalf either on demand or at the conclusion of this matter.

    We may also request that you provide us with payment in advance of us incurring a disbursement on your behalf. These funds will be held in our trust account until payment of the disbursement is required.

  4. Trust money

    If we receive money into our trust account on your behalf, you authorise us to draw on that money to pay any amount due from you to us in accordance with the provisions of the Uniform Law and the Legal Profession Uniform General Rules 2015 relating to the withdrawal of trust money for legal costs. A trust statement will be forwarded to you upon completion of the matter.

  5. Bills

    We may give bills to you in any way specified in Rule 73 of the Legal Profession Uniform General Rules 2015. For the purposes of Rule 73, you consent to receiving bills:

    • by fax to the number specified by you;

    • by email address or mobile phone number to the address or number specified by you; or

    • by any other means of electronic transmission agreed to by you and us.

  6. Your obligations

    We require you to, and you agree to:

    • provide full and honest instructions relevant to your matter and any material change in your circumstances that might impact on your matter while we continue to act for you;

    • co-operate in the matter and do all that we reasonably request of you in a timely manner;

    • accept and follow our reasonable legal advice; and

    • provide funds in advance in accordance with this Costs Agreement or some later arrangement.

    If you fail to comply with any of these conditions, we have the option to terminate this Costs Agreement by advising you of termination in writing.

  7. If we cease to act for you or you stop using this law practice

    Circumstances may arise (such as a conflict of interest) that make it impossible for us to continue to act for you. We may also cease acting for you if you breach your obligations as set out above.

    We will notify you immediately if any of the above matters arise.

    If we cease to act for you:

    • we will take steps to remove our name from the court record in any court proceedings;

    • you will receive a final account which will include all outstanding legal costs;

    • you must pay our legal costs up until the date we cease to act; and

    • we may retain your file and keep your documents until we are paid, subject to any other statutory requirements.

    If we cease to act for you during the course of your matter, then all legal costs incurred up to the date of the termination will be charged.

    You may end our engagement by written notice at any time. If this occurs, then all legal costs incurred up to the date of the termination will be charged and become immediately payable.  Depending on circumstances, we may be entitled to exercise our right to a solicitor’s lien by retaining documents related to any matters we are conducting on your behalf.