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Standard Costs Agreements

 STANDARD  COSTS AGREEMENTS - DISCLOSURES - incorporated by reference into quotation estimates/emails and faxes /letters provided with each Matter as applicable in each jurisdiction (Place/location)


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NSW  AND SYDNEY Standard Costs Disclosure  

 

NSW  - COSTS AGREEMENT AND DISCLOSURE



From:  ALEX TEES  (Solicitor)    Firm :

 

DATE:

From first date of Communication & as per previous emails, discussions and copies of documents provided.

TO:

Recipient Individually and Company/Legal Entity as applicable

ADDRESS:

As advised per ………………………….. instructions

 

admin@legalexchangelawyers.com

Principal: Alexander Tees

0409813622/612 92813230

E atees@bigpond.com

 

 

 

Standard Costs Disclosure

 

DATE:

 

TO:

 

ADDRESS:

 

 

This document discloses information about the costs of our legal services, and your rights, as required by the Legal Profession Uniform Law (NSW) (“LPUL”)“the Uniform Law”). NSW (the Act). You may negotiate and enter into a costs agreement with us based on the information contained in this document. A standard costs agreement is attached.

 

1.            GST

All rates, charges, expenses etc. in this document are GST exclusive unless otherwise stated.  Where the service provided is subject to GST, GST of 10% will be added and charged to you.

 

2.            Costs-how calculated

Hourly Rate of $450.00 Plus GST will apply unless discounted by Principal and/or if lump sum not specified

2.1          Professional Fees

We will charge you professional fees at a fixed cost for the work we do:

 

2.1.1      (a)          the *lump sum of:           $             

                (b)          plus GST of 10%:               $             

                (c)           TOTAL (GST inclusive):   $             

 

PLUS:

 

2.2          Expenses & Disbursements

We will incur expenses and disbursements (being money which I/we pay or are liable to pay) to others on your behalf.  These may include:

Search fees; enquiry fees; court filing fees; process servers; clinical records from hospitals; medical reports; experts’ reports; witnesses expenses; travel expenses, transcripts; barrister’s fees. 

We will inform you of these expenses and disbursements as well as any other payments required to be made, as soon as is reasonably practicable.

We use a settlement agent for our Conveyancing settlements. The fee of the agent is $550, which will be paid during settlement directly to the agent.

The expenses & disbursements will/or might amount up to $200 or more depending on the searches we carry out.

3.            Your right to a bill of costs

You are entitled to receive a bill of costs from us. If we send you a lump sum bill you may request an itemised bill within 30 days of receipt of the lump sum bill.

 

5.            Billing arrangements

We will send you a bill of costs containing information of our professional fees and charges, disbursements and expenses, including GST, either after completion of the work, or monthly, or at other times as agreed with you, when the work is in progress.

 

6.            Interest on unpaid costs

If our costs are not paid within 30 days of receipt by you of our bill of costs, we may charge you interest on the unpaid amount at the rate prescribed in Regulation 110A, (or as amended  by LPUL), of the Legal Profession Regulations .  The current rate is 0.50% per annum, but may vary at the time the Bill of Costs is issued.No discounts granted by Principal will apply in the event of default/unpaid tax Invoices and/or disputed tax Invoices whether or not same have been paid

 

7.            Dispute as to Legal costs

The Act gives you the right to: apply to the Supreme Court to have the bill of costs assessed for its fairness and reasonableness by a Costs Assessor; or the right to have the costs mediated if the dispute is less than $10,000 (referral for mediation must be made before an application for assessment is accepted by the Manager, Costs Assessment); or a costs agreement set aside by the Costs Assessor on the basis that it is not fair, just or reasonable. Applications for assessment should be made before the expiry of 60 days after receipt of the bill of costs, or request for payment of costs made by us, or full payment made to us, whichever is the earliest.

 

 

 

8.            Persons responsible for your matter and legal costs

Designated Lawyer/Solicitor will be responsible for your matter under the supervision of Mr Alexander Tees. You may contact either one of them regarding your matter and your legal costs.

 

9.            Substantial changes to disclosure

You will be informed, as soon as is reasonably practicable, of any substantial changes to anything contained in this disclosure document.

 

10.          Progress reports

You are entitled to request, at reasonable intervals, written progress reports on your matter. Our normal charge-out rates will apply for this service. You are entitled to request a written report on the legal costs incurred to date or since the last bill of costs was given to you, free of charge.

 

11.          Engagement of another law practice

It may be necessary for us to engage, on your behalf, the services of another law practice/and or Barristers/Counsel to provide specialist advice or services, including advocacy services, or to act as our agent. We will consult you as to the terms of that law practice’s engagement, but you may be asked to enter into a costs agreement directly with that law practice. The law practice engaged by me us will disclose costs in a similar manner and we will disclose those costs to you.

 

12.          Costs in court proceedings (Not Applicable)

12.1        If court proceedings are taken on your behalf, the court may order the other party to pay your costs of the proceedings. This sum will not necessarily cover the whole of your legal costs due to us.  It is possible that the court may make an order that you pay the other party’s costs (if, for instance, you lose the case).  These costs are payable by you to the other party in addition to the costs payable to us.

 

12.2        If you are successful in the litigation the following is the range of costs that may be recovered from the other party. The sums given below are merely estimates.

 

 

12.2.1    prior to hearing :              $             

12.2.2    up to and including a single day’s hearing :            $             

12.2.3    up to and including three days’ hearing :                $             

12.2.4    etc :       $             

 

12.3        If you are unsuccessful in the litigation you may be ordered to pay the other party’s costs. The sums given below are merely estimates, and based on my/our estimate of what the other party’s law practice may charge.

 

12.3.1    prior to hearing:                                                                               $                             

12.3.2    up to and including a single day’s hearing:                            $                             

12.3.3    up to and including three days’ hearing:                 $                             

12.3.4    etc:                                                                                                        $                             

 

 

13.          Applicable law

The law of NSW applies to legal costs regarding this matter. You are, however, able to enter into a costs agreement with us on the basis that the corresponding law of another State or Territory is applicable if this matter has a substantial connection with that State or Territory. In that event, we will disclose costs as they are applicable in that State or Territory. You have the right to contract with us that the costs assessment scheme in NSW is applicable, in the event of any dispute as to costs arising with us.


 


1       GENERAL TERMS OF BUSINESS

 

Billing Arrangements

Our usual policy is to issue a tax invoice on a monthly basis but we may issue tax invoices on a more frequent basis depending on the nature of the work. All tax invoices are due and payable 30 days from the date of the tax invoice. You consent to us sending our 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 us or: b) continuing to instruct us.  Upon acceptance you agree to pay for our 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. Our 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 we cannot take action for recovery of legal costs until 30 days after a tax invoice (which complies with the Uniform Law) has been given to you.

 

5       Your Rights

It is your right to:

      (a1) negotiate a costs agreement with us;

(a) negotiate the method of billing (e.g. task based or time based);

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

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

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

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

(f)  notify us 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 us only if:

(i) when the lump sum bill is given, we 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 our legal costs you have the following avenues of redress:

(a) in the first instance we encourage you to discuss your concerns with us so that any issue can be identified and we 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 our 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 our policy that, when acting for new clients, we do one or more of the following:

(a1) approve credit;

(a) ask the client to pay monies into our trust account;

(b)                  ask the client for their credit card details.

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

 

8      Authorisation to Transfer Money from Trust Account

You authorise us to receive directly into our trust account any judgment or settlement amount, or money received from any source in furtherance of your work, and to pay our 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       Retention of Your Documents

On completion of your work, or following termination (by either party) of our services, we will retain your documents for 7 years. Your agreement to these terms constitutes your authority for us 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. We are entitled to retain your documents while there is money owing to us for our costs.

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

 

 

10     Termination by Us

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

(a)                  while any of our 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 us with clear and timely instructions to enable us to advance your   matter, for example, compromising our ability   to comply with Court directions, orders or    practice notes;

(d) if you refuse to accept our advice;

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

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

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

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

(i)  for just cause.

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

 

11     Termination by You

You may terminate our services by written notice at any time. However, if you do so you will be required to pay our 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 we remain responsible).

 

12     Lien & Charge

Without affecting any lien to which we are otherwise entitled at law over funds, papers and other property of yours: (a) we shall be entitled to retain by way of lien any funds, property or papers of yours, which are from time to time in our possession or control, until all costs, disbursements, interest and other moneys due to the firm have been paid; and (b)our lien/charge will continue notwithstanding that we cease to act for you.(c) You hereby grant us a charge over all your personal or other property under the Personal Properties Securities Act (Cth) and also over and in respect of any land owned by you to secure payment of any payment(s) overdue.

 

13     Privacy

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

 

We are required to collect the full name and address of our clients by Rule 93 of the Uniform General Rules and LPUL as amended . 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 our 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, we may use your personal information to provide advice and recommendations that take into account your personal circumstances.

 

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

 

Depending on the nature of your matter the types of bodies to whom we 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. 

 

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

 

We manage and protect your personal information in accordance with our privacy policy [which can be found on our firm website or a copy of which we shall provide at your request]. Our privacy policy contains information about how you can access and correct the personal information we hold about you and how you can raise any concerns about our personal information handling practices. For more information, please contact us in writing.

 

14     Sending Material Electronically

We are 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 us to transmit any document electronically, you release us 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.

 

15     GST

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

 

16     Governing Law

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

 

 

 

 

 

 

AUTHORITY AND INSTRUCTION

 

I,

 

 

 

of

 

 

(DOB)

 

RE: (Matter Type/name)

Hereby authorize ALEX TEES & ................................... Legal Exchange Solicitors to *act for me both generally, specifically and to receive all documents and information in relation to myself, all my commercial and legal matters.*Subject to the Solicitor’s Standard Costs Agreement and Disclosure.I acknowledge that full confidentiality and Legal Professional Privelege applies.

(Applicable/Not Applicable)Terminate all instructions to Previous Lawyers/Legal Practitioners.

Hereby authorise the Solicitor(s) to receive all monies/disbursements/settlement monies and judgments etc. on my/or behalf and to pay such disbursements.

                                                                                                                                    

Signature                                                                                        Signature

_________________                                                          _________________

 

Client                                                                                                 Witness

________________                                                              __________________

Print Name                                                                              Print Name

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QUEENSLAND  - COSTS AGREEMENT & DISCLOSURE - " CLIENT SERVICE AGREEMENT - "CSE"



 GB Legal ,   Alexander Tees    www.gblegalservices.com

 

Costs Disclosure Notice

Section 308 Legal Profession Act 2007 (Qld)

RE:……………………..  ; & otherwise previous emails/Facsimile

File no:       
To:      ………………….. & clients as designated in attached email/facsimile

 

1.         Legal fees – your rights

(a)       You have the right to:

(i)        Negotiate the enclosed client services agreement (CSA) with us;

(ii)       Receive an account from us;

(iii)     Request an itemised account after you receive a lump sum account from us;

(iv)     Request written reports about the progress of your matter and the costs incurred in your matter;

(v)       Apply for costs to be assessed within 12 months if you are unhappy with our costs;

(vi)     Apply for the CSA to be set aside;

(vii)    Accept or reject any offer we make for an interstate costs law to apply to your matter;

(viii)   Notify us that you require an interstate costs law to apply to your matter; and

(ix)     Be notified of any substantial change in the matters disclosed in this Notice.

(b)       This disclosure notice provides you with information about our legal services, the cost of those services and your rights. For more information about your rights, please read the enclosed facts sheet titled ‘legal costs – your right to know’ published by the Qld Law Society.

(c)       The law of Queensland will apply to the CSA. You have the right to enter into a CSA with us on the basis that a corresponding law of another state or territory is applicable if our services will be provided completely or primarily in that state or territory, or where the matter has a substantial connection with that other state or territory. You also have the right in certain circumstances to notify us in writing in accordance with the time limits of the corresponding law that you require the law of another jurisdiction to apply.

(d)       If you dispute your legal costs, you have the right under the Legal Profession Act 2007 (Qld) to:

(i)        Apply for a costs assessment within 12 months of delivery of an account or request for payment or such extended time as may be permitted by the court or costs assessor after considering the reason for the delay (except sophisticated clients as defined in the LPAQ); or

(ii)       Apply to set aside the CSA within 6 years or other times as the law permits.

 

2.         How this firm charges

(a)       There are several bases by which legal practices charges for professional services rendered including itemised scale fees, statutory scales, task based fees, fixed fees and conditional fee arrangements which may include an uplift fee. These different methods of charging may result in different fees payable.

(b)       Our firm’s professional fees charged will be as

Option 1

(i)        A lump sum of $...........(n/a)      inclusive of GST. (or as otherwise Communicated to you in our accompanying Email/Facsimile/Letter)

(ii)       If the agreement is terminated either by you or on a permitted ground by this firm, you will be required to pay the professional fees charges and disbursements and outlays up to the date of termination.

(iii)     You will be liable to pay this firm whether or not the other party to any court proceedings has to pay your costs of the proceedings. They will be charged as follows:

Option 2

(iv)     An amount calculated by reference to the amount of time spent attending to your matter. Our  normal hourly charge rates (including GST) are $300.00. per hour or part thereof (where no other estimate ,lump sum or Fee range is provided)

(v)       Time will be charged in 6 minute intervals – with 6 minutes being the minimum interval recorded for professional services. For example, the time charged for an attendance of up to 6 minutes will be 1 unit and the time charged for an attendance between 7 and 12 minutes will be two units.

-       Or as per accompanying Email,Facsimile or Letter/Communication – Lump Sum/Range of fee quotes

(c)       Fees for other items (including GST) are:

Photocopying

$1.00 per page

           $0.20 per page

           $1.00 per page

            

Receiving faxes

Sending faxes

File opening fee

           $30.00

Credit card payment surcharge

Care and consideration

            2.5 % of the total account

            10 % of the value of time recorded

 

Disbursements : You may also become liable to pay disbursements such as Court Filing/hearing/Court  fees, Commercial Agents Service/delivery Fees,Search Fees or Fees for Barristers/Counsel or other Inter State or International Lawyer/Agents

 

We will inform you of these expenses and disbursements as well as any other payments required to be made, as soon as is reasonably practicable and in most cases in advance.

 

(d)       All rates, charges, expenses, etc in this document include GST at the rate of 10% unless otherwise specified.

 

3.         Estimate of your costs

The following estimate is based on the information available to this firm to date. It is an estimate, not a quotation and subject to change.

Option 1

Professional fees                       $ Approx $750-00 initial and as per previous Communications

Expenses and disbursements $nil

Total (GST inclusive):                $as calculated per applicable laws

 

These estimates are made on the information available at this time and the estimates may change when more information is available to us. The major factors which will affect the estimates are:

(a)       Changes to your instructions over the course of your matter;

(b)       Changes in the scope and complexity of work necessary to carry out those instructions;

(c)       The willingness of other parties to come to terms and the actions they take;

(d)       Whether we must undertake legal research on your behalf;

(e)       The time it takes to complete your matter;

(f)        Other unforeseen circumstances.

 

4.         Accounts, interest charges and contact person

(a)       Accounts will be sent to you containing information of professional fees, other charges, disbursements and expenses and GST at monthly intervals, or less frequently by prior arrangement only.

(b)       If you fail to pay our accounts, the CSA entitles us to exercise a ‘solicitor’s lien’. The lien allows us to retain all your documents and funds in trust until the account is paid.  We may also charge interest at a benchmark rate being the rate prescribed by regulations under the Legal Profession Act 2007 which is, the rate that is equal to the cash rate target, as defined by the regulations to the Act, plus two percentage points as at the date of the bill, (compounding monthly) on any amount that remains unpaid for 7 days after becoming due for payment.

(c)       You may contact Alex Tees of GB Legal with any concerns regarding your legal costs.

 

5.         Substantial changes to disclosure

You will be informed, as soon as is reasonably practicable, of any substantial changes to anything contained in this disclosure notice.

 

6.         Engagement of another law practice (e.g. barrister)

You will be informed if we engage another law practice (including a barrister) to provide specialist advice or services on your behalf.

 

7.         Ending arrangements

(a)       You may end our engagement by written notice to us at any time however you remain liable for the legal costs up until that time.

(b)       We may end our engagement by written notice to you if you:

(i)        Do not provide us with adequate instructions

(ii)       Refuse to act in accordance with our advice

(iii)     Breach the CSA

(iv)     Instruct us to act unlawfully or unethically

(v)       Fail to co-operate fully in the conduct of your matter

(vi)     Indicate that you have lost confidence in us

(vii)    Fail to pay any accounts or to provide money to be paid into trust as required under this agreement

(viii)   Lose legal capacity to instruct us

(ix)     Do not accept any increase in fees advised to you, or

(x)       Are informed by us that we have a conflict of interest and can no longer act on your behalf.

(c)       If you do not pay monies in accordance with the CSA, this firm may suspend work and may cease acting for you.

 

8.         Costs in court proceedings

(a)       If court proceedings are taken on your behalf:

(i)        The court may order that you pay another party’s costs (for example, if you lose the case)

(ii)       The court may order the other party to pay your costs of the proceedings and, as a general rule, this will not be the whole of the legal costs you are liable to pay us,

(iii)     If the court orders you to pay costs, the court ordered costs are payable by you to the other party in addition to the costs liable to be paid pursuant to the proposed CSA

(b)       If you are successful in the litigation you might recover some of your fees and costs from the unsuccessful party being an amount between approximately 60% and 70% of the fees and expenses that you pay us.

(c)       If you are unsuccessful in the litigation you may be required to pay the successful party’s fees.  These may be as much as or more than the fees you paid us, depending upon the successful party’s solicitors charge out rates and, in addition, the outlays they incurred (e.g with respect to experts reports).

(d)       If settlement of your claim is being resolved by alternate dispute resolution, prior to any agreement resolving the matter this firm will provide you with a reasonable estimate of its costs payable by you on settlement, a reasonable estimate of the costs you would obtain from the other party on settlement if the settlement is favourable to you or a reasonable estimate of the costs you may have to pay the other party.

 

9.         Acknowledgement

Clients................................................................................................................................................................... acknowledge that we have read and understood the contents of this disclosure notice.

 

 

_________________________                                                                            

     

Date:_____________________

 


CLIENT SERVICES AGREEMENT (CSA)

 

Between:      GB  LEGAL - Grubers Beckett Law Group (“us”, “we”, “our”)   - Alex Tees

                        www.gblegalservices.com

 

And:             Messrs ……………………………………….. identified in

                     the Emails to you & your Accountant. (as applicable)

 

1.         Disclosure prior to entry into CSA

(a)       Before providing legal services to you and before you enter into this Agreement, we are required to disclose certain information under the Legal Profession Act 2007 (Qld).

(b)       A disclosure notice was provided to you with this CSA and by signing this CSA you acknowledge receipt of the disclosure notice and confirm you have read and understood the information contained in it and agree that its terms form part of this agreement.

 

2.         Offer and acceptance of CSA

(a)       This document is an offer to enter into an agreement with you regarding the legal services to be provided to you. If you accept this offer you will be regarded as having entered into a costs agreement with us. This means you will be bound by the terms and conditions set out in this CSA, including being billed in accordance with it.

(b)       Acceptance may be by:

(i)        Signing and returning a copy of this document; or

(ii)       Giving us instructions after receiving this document; or

(iii)     contacting us and advising of your acceptance, AND

(iv)     Paying to us the up-front amount requested in the letter of engagement towards anticipated costs and outlays.

(c)       Failing to accept this offer within 30 days of the date of the disclosure notice accompanying this CSA may result in the withdrawal of our offer to act on your behalf.

(d)       The laws of Queensland will apply to this CSA.

 

3.         Your instructions

(a)       Our letter of engagement sets out our instructions as we understand them. You must contact us immediately if we have misunderstood your instructions.

(b)       It is also important that you provide us with full and accurate instructions including all necessary documents and information that we request from you.

(c)       Where necessary, we will from time to time recommend that you seek the advice of other professionals in fields outside our expertise for example, accountants, surveyors, town planners, financial advisors, insurance brokers, etc.

 

4.         Professional fees

(a)       Unless our letter of engagement stipulates a fixed fee for the work we will undertake, our professional fees will be calculated based on the time spent by our professional staff according to their hourly rates. Our current rates are set out in the letter of engagement.

(b)       Time charging may result in a higher or lower account than charging on the basis provided for in the relevant court scale (which is enclosed for your information). For some matters such as employment and workplace matters no relevant scale exists as costs are not recoverable from either party in that jurisdiction.

(c)       Time spent is recorded in 6-minute units (with time rounded up to the nearest unit of 6 minutes). Time spent can include internal conferences discussing your matter, drafting documents, reviewing documents, attending settlements, meetings and telephone attendances with you and with other parties, travelling and research time.

(d)       We may review our hourly rates from time to time and increase them depending on market conditions and other factors. We will provide you with reasonable notice of any fee increase and will not increase our rates more than once in any 12-month period.

(e)       All matters are also subject to an additional premium of between 10-30% of the value of the time recorded to your matter, described as “care and consideration” which represents additional time spent researching, preparing and generally attending to your instructions which has not been specifically charged on a time-recorded basis. “Care and consideration” may also reflect the complexity, novelty, or urgency of a particular matter.

(f)        If, within 14 days of receiving notice from us that our hourly rates are increasing, you do not notify us that the increases are unacceptable to you, you agree that you will be deemed to have accepted the increased rate and that rate will then apply from the date advised in our letter to you.

(g)       If you notify us that the fee increases are unacceptable, you or we may terminate this CSA (see clause 9).

 

5.         Other expenses

(a)       In addition to our professional fees, you agree to pay all other expenses properly incurred by us.

(b)       These expenses will include costs we incur on your behalf or supply to you including photocopying, receiving facsimiles, sending facsimiles, travel expenses, file opening, and archive retrieval fees.

(c)       Other costs incurred on your behalf may include barrister’s fees, courier fees, cost assessor’s fees, consultant’s fees, medical reports, stamp duty, postage, process servers and investigator’s, agents fees including other lawyers, parking and accommodation, witness fees and transfer fees.

(d)       Unless otherwise stated, our estimated fees and expenses include GST, to the extent that it is applicable.

 

6.         Accounts

(a)       Accounts will be issued monthly unless you and we agree otherwise.

(b)       Our accounts will show you the details of the work undertaken, the total cost to you and disbursements.

(c)       Our accounts are payable within 7 days of receipt, and, thereafter, we may charge you interest on the outstanding balance at a benchmark rate being the rate prescribed by regulations under the Legal Profession Act 2007 which is, the rate that is equal to the cash rate target, as defined by the regulations to the act, plus two percentage points as at the date of the bill (compounding monthly) until payment is received in full.

(d)       Although you may expect to be reimbursed by a third party for our fees and expenses, we do not have any recourse against third parties for that payment. Therefore, you must pay us as set out in this agreement even if payment to you by a third party is delayed or not received.

(e)       For litigation matters, if you are successful in your litigation, you might recover some of your fees and costs from the unsuccessful party. It is estimated that the amount recoverable would be between 60% and 75% of the fees and costs that you pay us.

(f)        If you are not successful in your litigation, you may be required to pay the successful parties fees and costs. These may be as much as or more than the fees you paid us, depending upon the successful party’s solicitors charge out rates and the outlays they incurred (e.g. with respect to experts reports).

(g)       We may ask you for an advance payment on account of future fees and outlays to be incurred in the matter. We may decide not to commence or to continue work until the payment is received. If the amount requested is not paid by the required date, we may terminate this agreement under clause 9.

(h)      Where we hold monies in our trust account on your behalf, you authorise us to withdraw and apply those monies to pay our costs and expenses stated in an invoice and any accrued interest. In respect of this matter of any other matter where we act for you and costs and expenses are so owing.

(i)        We can retain your money, property and documents until all money due to us has been paid (including after this agreement terminates) to the extent permitted by law. This right is called a “solicitor’s lien” and survives any bankruptcy or liquidation.

 

7.         Conflicts of interest

(a)       Upon opening each new file, we undertake internal searches to determine whether we may have a conflict of interest, that is, to determine whether we have acted or are currently acting for the other party to your matter.

(b)       If we discover a conflict, we may need to terminate this agreement under clause 9.

(c)       You agree that we need not disclose to you any information that we acquire in the course of acting for our other clients (including information contained in conflict searches conducted on behalf of those clients).

 

8.         Engagement of another law practice (e.g. a barrister)

(a)       We will inform you and, where practical, take into account your wishes if we engage another law practice to provide specialist advice (e.g. a barrister), expert witness, or other agent to provide services on your behalf. You must pay upon demand all agents, experts or other third party fees that are billed to us. If the advocate, expert, or agent provides us with fee disclosures or the basis of fee calculation, we will pass this information on to you. If we become liable to pay interest on any third party’s fees as a consequence of delay on your part, we will pass that charge on to you.

(b)       As a matter of public policy, the law provides immunity from suit in relation to advocacy. Nothing in this agreement affects an advocate’s immunity from suit in relation to any advocacy conducted on your behalf.

 

9.         Termination of this agreement

(a)       You may terminate this agreement at any time and for any reason by giving us written notice.

(b)       We may terminate this agreement by giving you written notice for just cause or if you:

(i)        Do not provide us with adequate instructions

(ii)       Refuse to act in accordance with our advice

(iii)     Breach this agreement

(iv)     Instruct us to act unlawfully or unethically

(v)       Fail to co-operate fully in the conduct of your matter

(vi)     Indicate that you have lost confidence in us

(vii)    Fail to pay any accounts or to provide money to be paid into trust as required under this Agreement in relation to this matter or any other matters we are conducting on your behalf

(viii)   Lose legal capacity to instruct us

(ix)     Do not accept any increase in fees advised to you

(x)       Are informed by us that we have a conflict of interest and can no longer act on your behalf.

(c)       We will give you written notice of our intention to terminate this Agreement.

(d)       Upon termination of this CSA for any reason we are entitled to payment of all outstanding fees and costs up to the termination and any interest accrued and to a solicitor’s lien (described above) on all documents and trust money will there is money owing to us after the CSA is terminated.

 

10.      Retention of your documents

(a)       We will, on completion of your matter, retain any papers to which you are entitled, but choose to leave in our possession (except documents deposited in safe custody) for no more than 7 years and on the basis that we have your authority to destroy the file 7 years after the date of our final account is rendered to you in the relevant matter.

 

11.      Privacy and direct marketing

(a)       Personal information about you is protected under the Privacy Amendment (Private Sector) Act 2000. Disclosure of such information may be compelled by law (e.g. under the Social Security Act). You authorise us to collect information about you and to disclose that information to others if necessary in furtherance of your matter (e.g. within the law practice, to the court, the other party to any litigation, to barristers etc).

(b)       You consent to our use of your contact details to maintain a professional relationship with you and to provide legal updates and other information that we think may be of interest to you by telephone, facsimile, email, or direct mail. You may ask us not to send direct marketing materials by contacting us on 07 4031 7411 or by email at alex.tees@grubersbeckett.com.au

 

12.      Complaints

(a)       Please raise any concern or problem with the lawyer handling your matter. If your concern is not resolved at that level, you should immediately direct the complaint to the senior partner.

(b)       If we are unable to resolve your complaint, you may obtain the assistance of the Queensland Law Society on telephone (07) 3842 5888.

 

13.      Trust account authority

(a)       In accordance with the requirements of section 249(1)(b) of the Legal Profession Act 2007, you authorise G B Legal Lawyers/GB Lawyer Services to transfer from our trust account to our general account or to any other trust account (held on your behalf), any monies relating to professional fees, statutory charges, and other outlays incurred on your behalf in relation to the file the subject of this CSA, or any other matter where we act on your behalf.

 

14.      Acknowledgement & agreement

      acknowledge that       have read and understood the contents of this CSA and agree to its terms.

 

 

 

Signed by Client (s)

 

Date

 

Signed by GB Legal ,  Lawyers

 

-       Or above details as Indicated in accompanying Email/Facsimile Communication(s)

 

Date

 

 

 

From :

 

 

AUTHORITY AND INSTRUCTION

 

I,

(name):

 

 

of

(address):

 

(Date of Birth)

 

RE:

 

  1. Hereby authorize ALEX TEES & GB Legal,Solicitor(s) to *act for me both generally, specifically and to receive all documents and information in relation to myself, all my commercial and legal matters.*Subject to the Solicitor’s Standard Costs/Client Service Agreement and Disclosure.Lawyer/Client privelege applies and full Confidentiality will be maintained.
  2. (Applicable/Not Applicable)Terminate all instructions to ………………………………(Previous Lawyers/Legal Practitioners).
  3. Hereby authorise the Solicitor(s) to receive all monies/disbursements/settlement monies and judgments etc on my/or behalf and to pay such disbursements.
  4. (Applicable/Not Applicable)Hereby authorise the Solicitors to make all necessary complaints or representations to relevant authorities/parties including H.R.E.O.C. and the Anti Discrimination Board as applicable.

 

 

Signature

(Client)

 

 

Signature

(Witness)

 

 

D.O.B.

Inmate No

M.I.N. No

(Applicable/Not Applicable)

 

Name in Print

 

 

 

Dated :

 

 

 

 

 

 

 

Liability is limited by a Scheme approved under the Professional Standards Legislation.