Mount Gravatt Law Centre
Client Agreement
A matter of Family – Children between a family member involves the integration of Queensland Law Practice and based on it, Former wife will be negotiating Financial Agreement with my client i.e. Mr. ORR. My client lives in 6 Thames Street, New Farm 4005.
Disclosure prior to legal services
1.1 Before providing legal services and entry into any costs agreement, Family Law Court of Australia with regards to Children’s matter will be required to provide me and my associate i.e. Jane Smith with disclosure of information under the Legal Profession Act 2007 (Qld).
1.2 A disclosure notice was provided to the Family Law Court as per the law practise to sign this document or otherwise accepting the offer:
Family Law Court acknowledged that you received the disclosure notice, as well as, acknowledgement from the Children’s Orders. This will ensure that the disclosure notice has further become void.
Acceptance of offer
2.1 This document is an offer to enter into a Financial Agreement with the Family Members. If you accept this offer, then ORR will be regarded to make an entry into a Financial Agreement. This means that Mr. ORR will be bound by the terms and the conditions set out in this document, including being billed in accordance with the same. Acceptance may be done by any one of the following ways: Provided ORR with info about costs and separation brochure only if conditional or uplift fees
A signing and returning a copy of this document
Giving us instructions after receiving this document
Contacting me or my associate relating to this law practice and then, advising of your acceptance.
2.2 This Family Law will provide you with the legal services performed with professional skill and diligence that are set out in this document and will keep you informed of the progress of the matter.
2.3 You must;
- Provide this law practice in timely manner, accurate and proper instructions, including
all the documents and other records relevant to the provided services - Act reasonably and take reasonable care to protect your own interests with respect to the matters
the subject of this document - Satisfy yourself as to the commercial viability of transactions (if any) where relevant, investigate the bona fides of the other parties to the transaction, checking all financial matters and assessing the commercial soundness of the transactions.
2.4 Failure to accept Family Law offer within the period of seven or fourteen days of the date of the Disclosure Notice accompanying this document may result in the immediate withdrawal of Family Law offer to act.
2.5 The law of Queensland or other jurisdiction as is appropriate will apply to the proposed costs agreement.
Charges for professional fees, other items, disbursements and outlays
3.1 Under the hourly wage rate of $300 + GST of $30 per hour for doing the work. If the agreement is terminated by a Clerk or on a permitted ground by this law practice, you will be required to pay the professional fees charges and disbursements of $100 + $10 per hour outlays up to the date of termination. For matters involving lump-sum fees, please refer to clause 11 in relation to fees payable in relation to early termination. You will be liable to pay this law practice whether or not the other party to any court proceedings has to pay your costs of the proceedings. They will be charged as follows:
3.3 Expenses and disbursements are sums of money which this law practice pays (or becomes liable to pay) to others on your behalf. These may include, for example:
Search fees
Enquiry fees
Court and other filing fees
Lodgement fees
All government revenue charges (including stamp duty)
Transaction specific banking charges
Process servers and investigators
Clinical records from hospitals
Medical, experts’ reports and/or other external consultants
Witnesses fees and expenses
Postage courier and messengers
Transcripts charges
Other law practice fees (including barrister’s fees)
Travel expenses and accommodation costs
This law practice will inform you of these expenses and disbursements as well as any other payments required to be made, as soon as is reasonably practicable.
3.4 Scales of fees fixed by legislation that are applicable to the amounts to be charged pursuant to this Financial Agreement are at a fixed fee scale, wherever applicable
Billing, interest charges and contact person
4.1 Bills will be sent to ORR containing information of professional fees, other charges, disbursements and expenses and GST at regular intervals – the completion of the work, monthly rests, the conclusion of designated stages, in accordance with the conditional fee arrangement.
4.2 Our bills are payable on receipt. If bills remain unpaid for 30 days of becoming due for payment, interest may be charged on the unpaid amount at an overdue invoice as an alternative method at the rate of 2.3% (specify LPA permissible rate). A benchmark rate being prescribed under the regulations highlighted within the Legal Profession Act 2007, where the rate is equal to the Cash Rate Target, as defined through the regulations to the LPA with an addition of two percentage points at the date of the bill.
In the event that you do not pay bills pursuant to this Financial Agreement agreement then surcharging practices are entitled to the exercise of a solicitor’s lien. The lien allows us to retain all your property, documents and trust funds in our possession until the account is paid.
4.3 For the purpose of this agreement you will be deemed to have received our bill if it is:
given to you or to your agent personally – on the day it is given to you;
sent to you at the address above or to your agent by post then – within two days of posting.
Engagement of another law practice (eg barrister)
5.1 It the event that this legal practice engages on your behalf of another law practice to provide specialist advice (eg a barrister) or services which you will be advised if the advocate provides surcharging practices along with the disclosed or the basis of fee calculation or not. Surcharging practices will pass this information on to you. If surcharging practices become liable to pay interest on any advocate’s fees as a consequence of delay on your part then, surcharging practices will pass that charge on to you.
5.2 As a matter of public policy, the Family 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.
Termination of Cost Agreement
6.1 You may terminate this agreement at any time.
6.2 Should this agreement be terminated at any time, you remain liable for the legal costs up until that time.
6.3 If you do not pay monies in accordance with the costs agreement, Australian Family Law may suspend work and may cease acting for you. In addition, the Australian Family Law will not continue to do the work and may terminate the agreement:
if you fail to pay my/our bills or deposit monies to our trust account as required from time to time;
if you fail to provide me/us with adequate instructions within a reasonable time; if you give instructions that are deliberately false or intentionally misleading;
if you fail to accept an offer of settlement which I/we think is reasonable;
if you fail to accept advice I/we (or counsel) give you;
if you engage another law practice to advise you on this matter without our consent;
if I/we, on reasonable grounds, believe that I/we may have a conflict of interest;
if you ask us to act unethically; or
for other just cause.
6.4 If the agreement is terminated either by you or based on the grounds of termination legal practice where you will be required to pay on the basis of the Australian Family Law’s based professional fees, fees for other items and expenses and disbursements up to the date of termination.
6.5 The Termination of Employment will give you notice of its intention to terminate our agreement,
and of the grounds on which the notice is based.
6.6 On termination, this contract entitled to retain possession of your documents
and trust money while there is money owing to me/us for my/our professional fees, fees for other items and expenses and disbursements, unless and until security is provided for my/our costs.
Termination of lump sum/conditional/uplift agreement will further take place on the basis of;
7.1 If the matter involves lump sum fee matters, ORR must pay the part of employment termination payment (ETP), lump sum fee that are taxed, as well as, reported in a different form which are reasonably estimated and has been incurred in respect of the legal services provided to you up to the date of termination, plus fees for other items, expenses and disbursements, subject to your right to a costs assessment. You will be liable to pay full rate of pay to the employee whether the other party when going through any court proceedings has to pay your costs or not. They will be charged as follows:
According to the Alternate basis for fee calculation,
7.2 Furthermore, as this costs agreement is a conditional costs agreement with an uplift fee ETP, where me and my associate will not continue to do the work and we may also terminate the agreement:
if I/we cannot retain Counsel of my/our choice on a conditional costs agreement
in a litigation matter; or
if you fail to provide me/us with adequate instructions within a reasonable time; or
if you indicate to me/us that I/we have lost your confidence.//
9.3 You may terminate this agreement at any time after the cooling off period. Should you terminate
this agreement you will be liable to pay for legal services performed on your instructions with your knowledge before that termination.
Retention of your documents
10.1 I/We will, on completion of the Work, retain any papers to which you are entitled, but leave in my/our possession (except documents deposited in safe custody) for no more than seven (7) years and on the undertaking that I/we have your authority to destroy the file seven years after the date of the final bill rendered by me/us in this matter.
Privacy protection
11.1 Personal information about you, provided by you and other sources, is protected under the Privacy Amendment (Private Sector) Act 2000. Disclosure of such information may be compelled by law (eg under the Social Security Act). You also authorise me/us to disclose such information where necessary
to others in furtherance of your claim/matter (eg within the law practice, to the Family Law Court, the other party or parties to litigation, to valuers, experts, barristers etc).
Payment/money on account
12.1 In terms of Goods and service tax (GST), we may ask you for payments in advance. In this event, the money will be held in trust and you will be advised how it is used. You hereby authorise goods and services tax (GST) to draw on the money for expenses, third party payments and professional fees as they become due.
Acceptance
Except if this Financial Agreement involves conditional or uplift fees, you or your solicitor may accept by:
Signing and returning a copy of this document
Giving us instructions after receiving this document
Contacting the Uniform Law or us and telling advising of your acceptance
If this agreement involves conditional or uplift fees, you and your solicitor i.e., JT may accept by signing and returning a copy of this document.
| / | / / | |||||
| Signed by or for an on behalf of the client* | Date | Signed by or for an on behalf of the Law practice | Date | |||
| / / | ||||||
| Signed by or for an on behalf of the Associate* | Date |
*Where the person signing on behalf of the client or Associate is other than the named client,
(s)he warrants they hold authority to sign on behalf of the client or Associate
MOUNT GRAVATT LAW CENTRE
Client Agreement
A matter of Family – Divorce between family members involves the integration of Queensland Law Practice. A fix fee of $1,650 will be charged, including GST. It will further delete the important parts at the time of charging the fee per hour. Fixed fees related to outlays for copying.
Disclosure prior to legal services
1.1 Before providing legal services and entry into any costs agreement, Family Law will be required to provide me and my associate i.e. Jane Smith with disclosure of information under the Legal Profession Act 2007 (Qld).
1.2 A disclosure notice was provided to Jane Smith as per the law practise to sign this document or otherwise accepting the offer:
Jane Smith acknowledged that you received the disclosure notice, as well as, acknowledgement from James Smith. This will ensure that you have read the disclosure notice.
Acceptance of offer
2.1 This document is an offer to enter into a costs agreement with you. If ORR and his associate will accept this offer then, it will be regarded as having entered into a costs agreement with you i.e. the client. This means that I and Jane Smith will be bound by the terms and conditions set out in this document, including being billed in accordance with it. Acceptance may be by any one of the following ways: Provided ORR with info about costs etc. provided him with marriage, families and separation brochure only if conditional or uplift fees
Signing and returning a copy of this document or giving us instructions after receiving this document or maybe, contacting ORR or his representative associate relating to this law practice and then, advising of your acceptance.
2.2 This Family Law will provide you with the legal services performed with professional skill and diligence that are set out in this document and will keep you informed of the progress of the matter.
2.3 You must;
- Provide this law practice in a timely manner, accurate and proper instructions, including
all the documents and other records relevant to the provided services - Act reasonably and take reasonable care to protect your own interests with respect to the matters
the subject of this document - Satisfy yourself as to the commercial viability of transactions (if any) where relevant, investigate the bona fides of the other parties to the transaction, checking all financial matters and assessing the commercial soundness of the transactions.
2.4 Where you instruct Family Law jointly with one or more other parties, you and each
another party will be jointly and severally liable to pay bills on the basis of Family Law.
2.5 The work Family Law instructed to do is:
General services – The provision of legal services as requested from time to time to generally represent your interests throughout the duration of this client agreement on children’s matter cost agreement.
Litigation and advocacy work – The provision of legal services as requested from time to time, to represent your interests throughout the duration of this client agreement in any dispute, investigation of a cause of action, court action, alternative dispute process, mediation, tribunal hearing and/or prosecution, including all interlocutory steps, associated alternative dispute resolution processes, hearing or trial, post-trial steps, appeal and execution.
Banking and financial services work – The provision of legal services as requested from time to time throughout the duration of this agreement including matters relating to contracts, property finance, project finance, consumer finance services and facilities, commercial finance facilities, securities, workouts (including receiverships and voluntary administrations), recoveries, securities enforcements, project finance, standard documentation and systems, stamp duty and aspects of revenue law and purchase and sale agreements.
Advice work – The provision of advice and associated legal services as requested from time to time throughout the duration of this client agreement in the listed areas:
News Reporter’s property and development work – The provision of legal services as requested from time to time by you throughout the duration of this client agreement in relation to property and development work including due diligence inquiries in relation to properties, creation of, acquisition of and disposal of legal and other interests relating to the property. Another specified area is observed to be the law and scope of work
2.6 Failure to accept Family Law offer within the period of seven or fourteen days of the date of the Disclosure Notice accompanying this document may result in the immediate withdrawal of Family Law offer to act.
2.7 The law of Queensland or other jurisdiction as is appropriate will apply to the proposed costs agreement.
Charges for professional fees, other items, disbursements and outlays
3.1 Under A lump sum of $1650 inclusive of GST is set to be paid. If the agreement is terminated either by you or on a permitted ground by this law practice, you will be required to pay the professional fees charges and disbursements and outlays up to the date of termination. For matters involving lump-sum fees, please refer to clause 11 in relation to fees payable in relation to early termination. You will be liable to pay this law practice whether or not the other party to any court proceedings has to pay your costs of the proceedings. They will be charged as follows:
Alternate basis of Disclosure cost for fee calculation will be achieved in this area.
Option 2
An amount calculated by reference to the amount of time spent attending to your matter.
Our hourly charge rates are
An hourly rate of: $250 + GST of $15 * for a partner.
An hourly rate of: $140 + GST of $10 * for a senior solicitor.
An hourly rate of: $140 + GST of $10 * for a junior solicitor.
An hourly rate of: $140 + GST of $10 * for a clerk.
An hourly rate of: $140 + GST of $10 * for secretarial services.
The Specified time will be considered for the purpose of charging fees on the basis of minute intervals. Time will be charged in 6-minute intervals with six minutes being the minimum interval recorded for professional services. For example, the time charged for an attendance of up to six minutes will be one unit and the time charged for an attendance between six and twelve minutes will be two units.
3.2 Fees for other items are:
Photocopying $ 0.5 * per page
Faxes $ 1* per page
Document lodgement $ 0.5* per attendance
Secretarial and word processing $ 1* per hour
Some computer services $ 1* per hour
Clerical and accounting services $ 1.5* per hour
General library services $ 1* per hour
3.3 Expenses and disbursements are sums of money which this law practice pays (or becomes liable to pay) to others on your behalf. These may include, for example:
Search fees
Enquiry fees
Court and other filing fees
Lodgement fees
All government revenue charges (including stamp duty)
Transaction specific banking charges
Process servers and investigators
Clinical records from hospitals
Medical, experts’ reports and/or other external consultants
Witnesses fees and expenses
Postage courier and messengers
Transcripts charges
Other law practice fees (including barrister’s fees)
Travel expenses and accommodation costs
This law practice will inform you of these expenses and disbursements as well as any other payments required to be made, as soon as is reasonably practicable.
3.4 Scales of fees fixed by legislation that are applicable to the amounts to be charged pursuant to this
Costs Agreement are at a fixed fee scale, wherever applicable
Billing, interest charges and contact person
4.1 Bills will be sent to send you containing information of professional fees, other charges, disbursements and expenses and GST at regular intervals – the completion of the work, monthly rests, the conclusion of designated stages, in accordance with the conditional fee arrangement.
4.2 Our bills are payable on receipt. If bills remain unpaid for 30 days of becoming due for payment, interest may be charged on the unpaid amount at an overdue invoice as an alternative method at the rate of 2.3% (specify LPA permissible rate). A benchmark rate being prescribed under the regulations highlighted within the Legal Profession Act 2007, where the rate is equal to the Cash Rate Target, as defined through the regulations to the LPA with an addition of two percentage points at the date of the bill. In the event that you do not pay bills pursuant to this costs agreement then surcharging practices are entitled to the exercise of a solicitor’s lien. The lien allows us to retain all your property, documents and trust funds in our possession until the account is paid.
4.3 For the purpose of this cost agreement you will be deemed to have received our bill if it is:
given to you or to your agent personally – on the day it is given to you;
sent to you at the address above or to your agent by post then – within two days of posting.
Engagement of another law practice (eg barrister)
5.1 It the event that this legal practice engages on your behalf of another law practice to provide
specialist advice (eg a barrister) or services which you will be advised if the advocate provides surcharging practices along with the disclosed or the basis of fee calculation or not. Surcharging practices will pass this information on to you. If surcharging practices become liable to pay interest on any advocate’s fees as a consequence of delay on your part then, surcharging practices will pass that charge on to you.
5.2 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 behalf of ORR’s wife..
In case of termination of agreement
6.1 You may terminate this agreement at any time.
6.2 Should this agreement be terminated at any time, you remain liable for the legal costs up until that time.
6.3 If you do not pay monies in accordance with the costs agreement, Australian Contract Law may suspend work and may cease acting for you. In addition, the Australian Contract Law will not continue to do the work and may terminate the agreement:
if ORR fails to pay my/our bills or deposit monies to our trust account as required from time to time;
if ORR fails to provide me/us with adequate instructions within a reasonable time;
if ORR give instructions that are deliberately false or intentionally misleading;
if ORR fail to accept an offer of settlement which I/we think is reasonable;
if ORR fail to accept advice I/we (or counsel) give you;
if ORR engages another law practice to advise you on this matter without our consent;
if ORR’s wife, on reasonable grounds, believe that I/we may have a conflict of interest;
if you ask us to act unethically; or for other just cause.
6.4 If the agreement is terminated either by you or based on the grounds of termination legal practice where ORR will be required to pay on the basis of the Australian Contract Law’s based professional fees, fees for other items and expenses and disbursements up to the date of termination.
6.5 The Termination of Employment will give you notice of its intention to terminate our agreement, and of the grounds on which the notice is based.
6.6 On termination, this contract entitled to retain possession of ORR documents
and trust money while there is money owing to me/us for my/our professional fees, fees for other items and expenses and disbursements, unless and until security is provided for Legal representative costs for ORR.
Termination of lump sum/conditional/uplift agreement will further take place on the basis of;
7.1 If the matter involves lump sum fee matters, you must pay the part of employment termination payment (ETP), lump sum fee that are taxed, as well as, reported in a different form which are reasonably estimated and has been incurred in respect of the legal services provided to you up to the date of termination, plus fees for other items, expenses and disbursements, subject to your right to a costs assessment. You will be liable to pay full rate of pay to the employee whether the other party when going through any court proceedings has to pay your costs or not. They will be charged as follows:
According to the Alternate basis for fee calculation,
7.2 Furthermore, as this costs agreement is a conditional costs agreement with an uplift fee ETP, where me and my associate will not continue to do the work and we may also terminate the agreement:
if I/we cannot retain Counsel of ORR’s choice on a conditional costs agreement
in a litigation matter; or
if ORR fails to provide me/us with adequate instructions within a reasonable time; or
if you indicate to me/us that I/we have lost your confidence.
9.3 You may terminate this agreement at any time after the cooling off period. Should you terminate this agreement you will be liable to pay for legal services performed on your instructions with your knowledge before that termination.
Retention of your documents
10.1 I/We will, on completion of the Work, retain any papers to which you are entitled, but leave in my/our possession (except documents deposited in safe custody) for no more than seven (7) years and on the undertaking that I/we have your authority to destroy the file seven years after the date of the final bill rendered by me/us in this matter.
Privacy protection
11.1 Personal information about you, provided by you and other sources, is protected under the Privacy Amendment (Private Sector) Act 2000. Disclosure of such information may be compelled by law (eg under the Social Security Act). You also authorise me/us to disclose such information where necessary
to others in furtherance of your claim/matter (eg within the law practice, to the Court, the other party or parties to litigation, to valuers, experts, barristers etc).
Payment/money on account
12.1 In terms of Goods and service tax (GST), we may ask you for payments in advance. In this event, the money will be held in trust and you will be advised how it is used. You hereby authorise goods and services tax (GST) to draw on the money for expenses, third party payments and professional fees as they become due.
Acceptance
Except if this agreement involves conditional or uplift fees, ORR and his solicitor may accept by:
Signing and returning a copy of this document
Giving us instructions after receiving this document
Contacting the Uniform Law or us and telling advising of your acceptance
If this agreement involves conditional or uplift fees, you and your solicitor i.e., JT may accept by signing and returning a copy of this document.
| / / | / / | |||||
| Signed by or for an on behalf of the client* | Date | Signed by or for an on behalf of the Law practice | Date | |||
| / / | ||||||
| Signed by or for an on behalf of the Associate* | Date |
*Where the person signing on behalf of the client or Associate is other than the named client,
(s)he warrants they hold authority to sign on behalf of the client or Associate
MOUNT GRAVATT LAW CENTRE
Client Agreement
A matter of Family – Property between a family member involves the integration of Queensland Law Practice. In relation to property settlement, $250 along with the GST of $15 will be paid. In case a clerk is involved, it will cost $100 and additional $10 per hour. Outlays for copying will be included as advised costs.
Disclosure prior to legal services
1.1 Before providing legal services and entry into any costs agreement, Family Law will be required to provide me and my associate i.e. Jane Smith with disclosure of information under the Legal Profession Act 2007 (Qld).
1.2 A disclosure notice was provided to the Federal Circuit Court as per the law practise to sign this document or otherwise accepting the offer:
Federal Circuit Court acknowledged that you received the disclosure notice, as well as, acknowledgement from the former wife. This will ensure that the disclosure notice has further become void.
Acceptance of offer
2.1 This document is an offer to enter into a Financial Agreement with the former wife. If former wife will accept this offer then, ORR will be regarded as having entered into a Financial Agreement with you i.e. the client. This means that I and ORR will be bound by the terms and conditions set out in this document, including being billed in accordance with it. Acceptance may be by any one of the following ways: Provided ORR with info about costs etc. provided him with marriage, families and separation brochure only if conditional or uplift fees
A signing and returning a copy of this document
Giving us instructions after receiving this document
Contacting me or my associate relating to this law practice and then, advising of your acceptance.
2.2 This Family Law will provide you with the legal services performed with professional skill and diligence that are set out in this document and will keep you informed of the progress of the matter.
2.3 You must;
- Provide this law practice in timely manner, accurate and proper instructions, including
all the documents and other records relevant to the provided services - Act reasonably and take reasonable care to protect your own interests with respect to the matters
the subject of this document - Satisfy yourself as to the commercial viability of transactions (if any) where relevant, investigate the bona fides of the other parties to the transaction, checking all financial matters and assessing the commercial soundness of the transactions.
2.4 Where you instruct Family Law jointly with one or more other parties, you and each
another party will be jointly and severally liable to pay bills on the basis of Family Law.
2.5 The work Family Law instructed to do is:
General services – The provision of legal services as requested from time to time to generally represent your interests throughout the duration of this client agreement on property settlement matter cost agreement.
Litigation and advocacy work – The provision of legal services as requested from time to time,
to represent your interests throughout the duration of this client agreement in any dispute, investigation of a cause of action, court action, alternative dispute process, mediation, tribunal hearing and/or prosecution, including all interlocutory steps, associated alternative dispute resolution processes, hearing or trial, post-trial steps, appeal and execution.
Banking and financial services work – The provision of legal services as requested from time to time throughout the duration of this agreement including matters relating to contracts, property finance, project finance, consumer finance services and facilities, commercial finance facilities, securities, workouts (including receiverships and voluntary administrations), recoveries, securities enforcements, project finance, standard documentation and systems, stamp duty and aspects of revenue law and purchase and sale agreements.
Advice work – The provision of advices and associated legal services as requested from time to time throughout the duration of this client agreement in the listed areas:
News Reporter’s property and development work – The provision of legal services as requested from time to time by you throughout the duration of this client agreement in relation to property and development work including due diligence inquiries in relation to properties, creation of, acquisition of and disposal of legal and other interests relating to the property. Another specified area is observed to be the law and scope of work
2.6 Failure to accept Family Law offer within the period of seven or fourteen days of the date of the Disclosure Notice accompanying this document may result in the immediate withdrawal of Family Law offer to act.
2.7 The law of Queensland or other jurisdiction as is appropriate will apply to the proposed costs agreement.
Charges for professional fees, other items, disbursements and outlays
3.1 Under A lump sum of $250 + GST of $15 per hour for doing the work. If the agreement is terminated by a Clerk or on a permitted ground by this law practice, you will be required to pay the professional fees charges and disbursements of $100 + $10 per hour outlays up to the date of termination. For matters involving lump-sum fees, please refer to clause 11 in relation to fees payable in relation to early termination. You will be liable to pay this law practice whether or not the other party to any court proceedings has to pay your costs of the proceedings. They will be charged as follows:
3.3 Expenses and disbursements are sums of money which this law practice pays (or becomes liable to pay) to others on your behalf. These may include, for example:
Conferences $ 0.5 * per hour
Negotiation $ 1* per hour
An hourly rate of: $140 + GST of $10 * for Para-legal services.
Disclosure management $ 1.5* per hour
Drafting and other costs etc $ 2* per page
This law practice will inform you of these expenses and disbursements as well as any other payments required to be made, as soon as is reasonably practicable.
3.4 Scales of fees fixed by legislation that are applicable to the amounts to be charged pursuant to this Financial Agreement are at a fixed fee scale, wherever applicable
Billing, interest charges and contact person
4.1 Bills will be sent to ORR containing information of professional fees, other charges, disbursements and expenses and GST at regular intervals – the completion of the work, monthly rests, the conclusion of designated stages, in accordance with the conditional fee arrangement.
4.2 Our bills are payable on receipt. If bills remain unpaid for 30 days of becoming due for payment, interest may be charged on the unpaid amount at an overdue invoice as an alternative method at the rate of 2.3% (specify LPA permissible rate). A benchmark rate being prescribed under the regulations highlighted within the Legal Profession Act 2007, where the rate is equal to the Cash Rate Target, as defined through the regulations to the LPA with an addition of two percentage points at the date of the bill.
In the event that you do not pay bills pursuant to this Financial Agreement agreement then surcharging practices are entitled to the exercise of a solicitor’s lien. The lien allows us to retain all your property, documents and trust funds in our possession until the account is paid.
4.3 For the purpose of this agreement you will be deemed to have received our bill if it is:
given to you or to your agent personally – on the day it is given to you;
sent to you at the address above or to your agent by post then – within two days of posting.
Engagement of another law practice (eg barrister)
5.1 It the event that this legal practice engages on your behalf of another law practice to provide specialist advice (eg a barrister) or services which you will be advised if the advocate provides surcharging practices along with the disclosed or the basis of fee calculation or not. Surcharging practices will pass this information on to you. If surcharging practices become liable to pay interest on any advocate’s fees as a consequence of delay on your part then, surcharging practices will pass that charge on to you.
5.2 As a matter of public policy, the Family 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.
Termination of Financial Agreement
6.1 You may terminate this agreement at any time.
6.2 Should this agreement be terminated at any time, you remain liable for the legal costs up until that time.
6.3 If you do not pay monies in accordance with the costs agreement, Australian Contract Law may suspend work and may cease acting for you. In addition, the Australian Contract Law will not continue to do the work and may terminate the agreement:
if you fail to pay my/our bills or deposit monies to our trust account as required from time to time;
if you fail to provide me/us with adequate instructions within a reasonable time; if you give instructions that are deliberately false or intentionally misleading;
if you fail to accept an offer of settlement which I/we think is reasonable;
if you fail to accept advice I/we (or counsel) give you;
if you engage another law practice to advise you on this matter without our consent;
if I/we, on reasonable grounds, believe that I/we may have a conflict of interest;
if you ask us to act unethically; or
for other just cause.
6.4 If the agreement is terminated either by you or based on the grounds of termination legal practice where you will be required to pay on the basis of the Australian Contract Law’s based professional fees, fees for other items and expenses and disbursements up to the date of termination.
6.5 The Termination of Employment will give you notice of its intention to terminate our agreement,
and of the grounds on which the notice is based.
6.6 On termination, this contract entitled to retain possession of your documents
and trust money while there is money owing to me/us for my/our professional fees, fees for other items and expenses and disbursements, unless and until security is provided for my/our costs.
Termination of lump sum/conditional/uplift agreement will further take place on the basis of;
7.1 If the matter involves lump sum fee matters, you must pay the part of employment termination payment (ETP), lump sum fee that are taxed, as well as, reported in a different form which are reasonably estimated and has been incurred in respect of the legal services provided to you up to the date of termination, plus fees for other items, expenses and disbursements, subject to your right to a costs assessment. You will be liable to pay full rate of pay to the employee whether the other party when going through any court proceedings has to pay your costs or not. They will be charged as follows:
According to the Alternate basis for fee calculation,
7.2 Furthermore, as this costs agreement is a conditional costs agreement with an uplift fee ETP, where me and my associate will not continue to do the work and we may also terminate the agreement:
if I/we cannot retain Counsel of my/our choice on a conditional costs agreement
in a litigation matter; or
if you fail to provide me/us with adequate instructions within a reasonable time; or
if you indicate to me/us that I/we have lost your confidence.//
9.3 You may terminate this agreement at any time after the cooling off period. Should you terminate
this agreement you will be liable to pay for legal services performed on your instructions with your knowledge before that termination.
Retention of your documents
10.1 I/We will, on completion of the Work, retain any papers to which you are entitled, but leave in my/our possession (except documents deposited in safe custody) for no more than seven (7) years and on the undertaking that I/we have your authority to destroy the file seven years after the date of the final bill rendered by me/us in this matter.
Privacy protection
11.1 Personal information about you, provided by you and other sources, is protected under the Privacy Amendment (Private Sector) Act 2000. Disclosure of such information may be compelled by law (eg under the Social Security Act). You also authorise me/us to disclose such information where necessary
to others in furtherance of your claim/matter (eg within the law practice, to the Court, the other party or parties to litigation, to valuers, experts, barristers etc).
Payment/money on account
12.1 In terms of Goods and service tax (GST), we may ask you for payments in advance. In this event, the money will be held in trust and you will be advised how it is used. You hereby authorise goods and services tax (GST) to draw on the money for expenses, third party payments and professional fees as they become due.
Acceptance
Except if this Financial Agreement involves conditional or uplift fees, you or your solicitor may accept by:
signing and returning a copy of this document
Giving us instructions after receiving this document
Contacting the Uniform Law or us and telling advising of your acceptance
If this agreement involves conditional or uplift fees, you and your solicitor i.e., JT may accept by signing and returning a copy of this document.
| / | / / | |||||
| Signed by or for an on behalf of the client* | Date | Signed by or for an on behalf of the Law practice | Date | |||
| / / | ||||||
| Signed by or for an on behalf of the Associate* | Date |
*Where the person signing on behalf of the client or Associate is other than the named client,
(s)he warrants they hold authority to sign on behalf of the client or Associate
MOUNT GRAVATT LAW CENTRE
Disclosure notice (s308)
Legal Profession Act 2007 (Qld)
Matter: Family – Divorce
- 4.08.2019
- Mr. Andrew James ORR residing in 6 Thames Street, New Farm 4005
- Represent client relating to all work included in an application to the Federal Circuit Court for Divorce. Includes (but not limited to) conferences, drafting, copying, filing, serving, and any court attendances
Legal fees – ORR rights
1.1 ORR has the right to:
Negotiate a property settlement with the client (Andrew James ORR)
Receive a bill of costs from us;
Request an itemised bill of costs after you receive a lump sum bill from us;
Request written reports about the progress of your matter and the costs incurred in your matter;
Apply for costs to be assessed within 12 months if you are unhappy with our costs
(see para 1.4 below);
Apply for the costs agreement to be set aside (see para 1.4 below);
Accept or reject any offer we make for an interstate costs law to apply to your matter
(see para 1.3 below);
Notify us that you require an interstate costs law to apply to your matter
(see para 1.3 below); and
Be notified of any substantial change in the matters disclosed in this Notice.
1.2 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 facts sheet titled Legal Costs – Your right to know. You can ask us for a copy, or obtain it from the Queensland Law Society or download it from their website at qls.com.au > For the Community > You and your solicitor > Solicitors’ fees and charges. You can also obtain information from the Legal Services Commissioner www.lsc.qld.gov.au.
1.3 The law of Queensland will apply to our proposed costs agreement. You have the right to enter into
a costs agreement with us on the basis that a similar law of another state or territory is applicable
for example where our services are being primarily provided in another state or territory or where the matter has a substantial connection with that other state or territory. Further you 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.
1.4 The following avenues are open to you under the terms of the Legal Profession Act 2007 (Qld)
in the event of a dispute in relation to legal costs
To apply for a costs assessment within 12 months of delivery of a bill 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; and
To apply to set aside the costs agreement within six years or other times as the law permits.
How this law practice charges
2.1 There are several different methods by which legal practices charge 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. This law practice’s professional fees charged will be as
Option 1
A lump sum fee of $1,650 inclusive in GST
If the agreement is terminated either by ORR or on a permitted ground by this law practice, you will be required to pay the professional fees charges and disbursements and outlays up to the date of termination. For matters involving lump sum fees, please refer to clause 11 in relation to fees payable in relation to early termination. You will be liable to pay this law practice whether or not the other party to any court proceedings has to pay your costs of the proceedings. They will be charged as follows:
Alternate Dispute Resolution for fee calculation is usually used under cost agreements made between the parties.
These amounts will be estimated every 6 minute intervals and even time will be charged in 6 minute intervals – with six minutes being the minimum interval recorded for professional services. For example the time charged for an attendance of up to six minutes will be one unit and the time charged for an attendance between six and twelve minutes will be two units.
2.2 Fees for other items are:
Photocopying $ 0.5 * per page
Document lodgement $ 0.5* per attendance
Searches and other paralegal etc $ 2* per attendance
Secretarial and word processing $ 1* per hour
Some computer services $ 1* per hour
Clerical and accounting services $ 1.5* per hour
General library services $ 1* per hour
2.3 Expenses and disbursements are sums of money which this law practice pays
(or becomes liable to pay) to others on your behalf. These may include, for example:
Search fees
Enquiry fees
Court and other filing fees
Lodgement fees
All government revenue charges (including stamp duty)
Transaction specific banking charges
Process servers and investigators
Clinical records from hospitals
Medical, experts’ reports and/or other external consultants
Witnesses fees and expenses
Postage courier and messengers
Transcripts charges
Other law practice fees (including barrister’s fees)
Travel expenses and accommodation costs
This law practice will inform you of these expenses and disbursements as well as any other payments required to be made, as soon as is reasonably practicable.
2.4 Scales of fees fixed by legislation that are applicable to the amounts to be charged pursuant to this Costs Agreement are:
Based on the standard where the cost will actually become lower than the fixed fees to be charged i.e. a lump sum of fixed $1,650 inclusive of GST.
These estimates are made on the information available at this time and the estimates will probably change when more information is available to this law practice. Decisions undertaken by the other parties, changes in legal contract agreement instructions, difficulty in following the provided instructions, additional information provided by the paralegal or representative associate of ORR, and problems discovered or arising especially when conducting these matters associated with the legal case of Family Law.
Billing, interest charges and contact person
4.1 Bills will be sent to send you containing information of professional fees, other charges, disbursements, and expenses at the completion of the work
4.2 If bills remain unpaid for 30 days of becoming due for payment, interest may be charged on the unpaid amount for selecting the alternative
In the event that you do not pay this law practice’s account the proposed costs agreement entitles the exercise of a solicitor’s lien. Contextually, the lien allows us to retain all your documents and funds in trust
until the account is paid.
4.3 You may contact JT regarding your legal costs.
Substantial changes to disclosure
5.1 You will be informed, as soon as is reasonably practicable, of any substantial changes to anything contained in this disclosure document.
Engagement of another law practice (eg barrister)
6.1 It the event that this legal practice engages on your behalf another law practice to provide specialist advice (eg a arrister) or services you will be advised.
Ending arrangements
7.1 You may end our engagement by written notice however you remain liable for the legal costs up until that time. If you do not pay monies in accordance with the costs agreement, this law practice may suspend work and may cease acting for you.
8.3 If you are unsuccessful in the litigation the following is the range of costs (inclusive of any GST amounts) that may be recovered against you by the other party. It is not possible at this time to provide an accurate estimate and the sums given below are merely estimates:
According to the user’s pay rule, each party will be his/her own cost: $100* to $10*.
Acquiring the consents of Family Law Court of Australia: $60* to $80*.
8.4 If settlement of your claim is being resolved by alternate dispute resolution, prior to any agreement resolving the matter this law practice will provide you with a reasonable estimate of my/our 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.
Family Law
Acknowledgement
Mr. Andrew ORR and his solicitor (JT) along with his former wife (Madeline Grace ORR) further acknowledge that we have read and understood the legal contents of this Disclosure Notice.
| Andrew ORR | / / | |
| of // Client/Associated Third Party // | Date | |
| Andrew ORR / Madeline Grace ORR | / / | |
| Signature of // Client/Associated Third Party // |
MOUNT GRAVATT LAW CENTRE
Disclosure notice (s308)
Legal Profession Act 2007 (Qld)
Matter: Family – Property
- 4.08.2019
- Mr. ORR will make payment of $250 + GST of $15 for every hour and the clerk will be paid a total of $110 per hour. Copying will be included under advised cost
- Represent client relating to all work included in an application to the Federal Circuit Court for negotiating a property settlement with his family member. Includes (but not limited to) conferences, drafting, copying, filing, serving, and any court attendances
- The matter of the Decree of Divorce duration of agreement from 9.00 am to 11.00am
Legal fees – ORR rights
1.1 ORR has the right to:
Negotiate a property settlement with us;
Receive a bill of costs from us;
Request an itemised bill of costs after you receive a lump sum bill from us;
Request written reports about the progress of your matter and the costs incurred in your matter;
Apply for costs to be assessed within 12 months if you are unhappy with our costs
(see para 1.4 below);
Apply for the costs agreement to be set aside (see para 1.4 below);
Accept or reject any offer we make for an interstate costs law to apply to your matter
(see para 1.3 below);
Notify us that you require an interstate costs law to apply to your matter
(see para 1.3 below); and
Be notified of any substantial change in the matters disclosed in this Notice.
1.2 This Disclosure Notice provides my client (ORR) with information about our legal services, the cost of those services and your rights. For more information about your rights, please read the facts sheet titled Legal Costs – Your right to know. You can ask us for a copy, or obtain it from the Queensland Law Society or download it from their website at qls.com.au > For the Community > ORR and his solicitor (JT) > Solicitors’ fees and charges. You can also obtain information from the Legal Services Commissioner www.lsc.qld.gov.au.
1.3 The law of Queensland will apply to our proposed costs agreement. You have the right to enter into a negotiation of property settlement with his family member on the basis that a similar law of another state or territory is applicable. For example, where our services are being primarily provided in another state or territory or where the matter has a substantial connection with that other state or territory. Further you 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.
1.4 The following avenues are open to you under the terms of the Legal Profession Act 2007 (Qld) in the event of a dispute in relation to legal costs
To apply for a costs assessment within 12 months of delivery of a bill 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, and to apply to set aside the costs agreement within six years or other times as the law permits.
How this law practice charges
2.1 There are several different methods by which legal practices charge 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. This law practice’s professional fees charged will be as;
Option 1
A sum of $250 + GST of $15 per hour inclusive in GST will be charged basically. If a Clerk is used then a sum of $100 + $10 per hour will be charged respectively.
If the agreement is terminated either by ORR or on a permitted ground by this law practice, you will be required to pay the professional fees charges and disbursements and outlays up to the date of termination. For matters involving lump sum fees, please refer to clause 11 in relation to fees payable in relation to early termination. You will be liable to pay this law practice whether or not the other party to any court proceedings has to pay your costs of the proceedings. They will be charged as follows:
Alternate Dispute Resolution for fee calculation is usually used under cost agreements made between the parties.
These amounts will be estimated every 6 minute intervals and even time will be charged in 6 minute intervals – with six minutes being the minimum interval recorded for professional services. For example the time charged for an attendance of up to six minutes will be one unit and the time charged for an attendance between six and twelve minutes will be two units.
2.2 Fees for other items are:
Photocopying $ 0.5 * per page
Faxes $ 1* per page
Document lodgement $ 0.5* per attendance
Searches and other paralegal etc $ 2* per attendance
Secretarial and word processing $ 1* per hour
Some computer services $ 1* per hour
Clerical and accounting services $ 1.5* per hour
General library services $ 1* per hour
2.3 Expenses and disbursements are sums of money which this law practice pays
(or becomes liable to pay) to others on your behalf. These may include, for example:
Conference fees
Negotiation fees
Disclosure management fees
Drafting fees
Copying fees
Communication with the third part fees
Transaction specific banking charges
Process servers and investigators
Clinical records from hospitals
Medical, experts’ reports and/or other external consultants
Witnesses fees and expenses
Postage courier and messengers
Transcripts charges
Other law practice fees (including barrister’s fees)
Travel expenses and accommodation costs
This law practice will inform you of these expenses and disbursements as well as any other payments required to be made, as soon as is reasonably practicable.
2.4 Scales of fees fixed by legislation that are applicable to the amounts to be charged pursuant to this Costs Agreement are:
Based on the standard where the cost will actually become lower than the fixed fees to be charged i.e. a sum of $250 + GST of $15 per hour inclusive in GST will be charged basically. If a Clerk is used then a sum of $100 + $10 per hour will be charged respectively.
These estimates are made on the information available at this time and the estimates will probably change when more information is available to this law practice. Decisions undertaken by the other parties, changes in legal contract agreement instructions, difficulty in following the provided instructions, additional information provided by the paralegal or representative associate of ORR, and problems discovered or arising especially when conducting cases with a matter of Family-Property associated with the legal case of Family Law.
Billing, interest charges and contact person
4.1 Bills will be sent to send you containing information of professional fees, other charges, disbursements, and expenses at the completion of the work
4.2 If bills remain unpaid for 30 days of becoming due for payment, interest may be charged on the unpaid amount for selecting the alternative in the event that you do not pay this law practice’s account the proposed costs agreement entitles the exercise of a solicitor’s lien. Contextually, the lien allows us to retain all your documents and funds in trust until the account is paid.
4.3 You may contact JT regarding your legal costs.
Substantial changes to disclosure
5.1 You will be informed, as soon as is reasonably practicable, of any substantial changes to anything contained in this disclosure document.
Engagement of another law practice (eg barrister)
6.1 It the event that this legal practice engages on your behalf another law practice to provide specialist advice (eg a arrister) or services you will be advised.
Ending arrangements
7.1 You may end our engagement by written notice however you remain liable for the legal costs up until that time. If you do not pay monies in accordance with the costs agreement, this law practice may suspend work and may cease acting for you.
8.3 If you are unsuccessful in the litigation the following is the range of costs (inclusive of any GST amounts) that may be recovered against you by the other party. It is not possible at this time to provide an accurate estimate and the sums given below are merely estimates:
According to the user’s pay rule, each party will be his/her own cost: $100* to $10*.
A presence of successful defendant: $80* to $100*.
Acquiring the consents of Federal Circuit Court of Australia: $60* to $80*.
8.4 If settlement of your claim is being resolved by alternate dispute resolution, prior to any agreement resolving the matter this law practice will provide you with a reasonable estimate of overall costs payable by ORR on settlement. A reasonable estimate of the costs you would obtain from the third party (his former wife) on settlement if the settlement is favourable to you or a reasonable estimate of the property to be settled with her, ORR may have to pay the agreed costs to her.
Family Law
Acknowledgement
Mr. Andrew ORR and his solicitor (JT) along with his former wife (Madeline Grace ORR) further acknowledge that we have read and understood the legal contents of this Disclosure Notice.
| Andrew ORR / Madeline Grace ORR | / / | |
| of // Client/Associated Third Party // | Date | |
| Andrew ORR / Madeline Grace ORR | / / |
MOUNT GRAVATT LAW CENTRE
Disclosure notice (s308)
Legal Profession Act 2007 (Qld)
Matter: Family – Children
- 4.08.2019
- Mr. ORR will pay $300 and additional GST of $30 per hour. If a clerk is required, he/she will be paid $100 along with GST of $10 every hour. Outlays for copying as well as stuff will be included under advised costs
- Represent client (ORR) relating to all work included in an application to the Federal Law Court of Australia for settling his children’s matter. This includes (but not limited to) conferences, drafting, copying, filing, serving, and any court attendances
- The matter of the Decree of Divorce duration of agreement from 9.00 am to 11.00am
Legal fees – ORR rights
1.1 ORR has the right to:
Request written reports about the progress of your matter and the costs incurred in your matter;
Apply for costs to be assessed within 12 months if you are unhappy with our costs
(see para 1.4 below);
Apply for the costs agreement to be set aside (see para 1.4 below);
Accept or reject any offer we make for an interstate costs law to apply to your matter
(see para 1.3 below);
Notify us that you require an interstate costs law to apply to your matter
(see para 1.3 below); and
Be notified of any substantial change in the matters disclosed in this Notice.
1.2 This Disclosure Notice provides my client (ORR) with information about our legal services, the cost of those services and your rights. For more information about your rights, please read the facts sheet titled Legal Costs – Your right to know. You can ask us for a copy, or obtain it from the Queensland Law Society or download it from their website at qls.com.au > For the Community > ORR and his solicitor (JT) > Solicitors’ fees and charges. You can also obtain information from the Legal Services Commissioner www.lsc.qld.gov.au.
1.3 The law of Queensland will apply to our proposed costs agreement. You have the right to enter into an agreement as per his children’s order. For example, where our services are being primarily provided in another state or territory or where the matter has a substantial connection with that other state or territory. Further you 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.
1.4 The following avenues are open to you under the terms of the Legal Profession Act 2007 (Qld) in the event of a dispute in relation to legal costs
To apply for a costs assessment within 12 months of delivery of a bill 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, and to apply to set aside the costs agreement within six years or other times as the law permits.
How this law practice charges
2.1 There are several different methods by which legal practices charge 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. This law practice’s professional fees charged will be as;
Option 1
A sum of $300 + GST of $30 per hour inclusive in GST will be charged basically. If a Clerk is used then a sum of $100 + $10 per hour will be charged respectively.
If the agreement is terminated either by ORR or on a permitted ground by this law practice, you will be required to pay the professional fees charges and disbursements and outlays up to the date of termination. For matters involving lump sum fees, please refer to clause 11 in relation to fees payable in relation to early termination. You will be liable to pay this law practice whether or not the other party to any court proceedings has to pay your costs of the proceedings. They will be charged as follows:
Alternate Dispute Resolution for fee calculation is usually used under cost agreements made between ORR and his children.
These amounts will be estimated every 6 minute intervals and even time will be charged in 6 minute intervals – with six minutes being the minimum interval recorded for professional services. For example the time charged for an attendance of up to six minutes will be one unit and the time charged for an attendance between six and twelve minutes will be two units.
2.2 Fees for other items are:
Photocopying $ 0.5 * per page
Faxes $ 1* per page
Document lodgement $ 0.5* per attendance
Searches and other paralegal etc $ 2* per attendance
Secretarial and word processing $ 1* per hour
Some computer services $ 1* per hour
Clerical and accounting services $ 1.5* per hour
General library services $ 1* per hour
2.3 Expenses and disbursements are sums of money which this law practice pays
(or becomes liable to pay) to others on your behalf. These may include, for example:
Conference fees
Negotiation fees
Disclosure management fees
Drafting fees
Copying fees
Communication with the third part fees
Transaction specific banking charges
Process servers and investigators
Medical, experts’ reports and/or other external consultants
Other law practice fees (including barrister’s fees)
This law practice will inform you of these expenses and disbursements as well as any other payments required to be made, as soon as is reasonably practicable.
Billing, interest charges and contact person
4.1 Bills will be sent to send you containing information of professional fees, other charges, disbursements, and expenses at the completion of the work
4.2 If bills remain unpaid for 30 days of becoming due for payment, interest may be charged on the unpaid amount for selecting the alternative in the event that you do not pay this law practice’s account the proposed agreement entitles the exercise of a solicitor’s lien. Contextually, the lien allows us to retain all your documents and funds in trust until the account is paid.
4.3 ORR has a right to contact his solicitor (JT) regarding your legal costs.
Substantial changes to disclosure
5.1 You will be informed, as soon as is reasonably practicable, of any substantial changes to anything contained in this disclosure document.
Engagement of another law practice (eg barrister)
6.1 It the event that this legal practice engages on your behalf another law practice to provide specialist advice (eg a arrister) or services you will be advised.
Ending arrangements
7.1 You may end our engagement by written notice however you remain liable for the legal costs up until that time. If you do not pay monies in accordance with the agreement made with his children, Family law practice may suspend work and may cease acting for you.
8.3 If you are unsuccessful in the litigation the following is the range of costs (inclusive of any GST amounts) that may be recovered against you by the other party. It is not possible at this time to provide an accurate estimate and the sums given below are merely estimates:
According to the user’s pay rule, each party will be his/her own cost: $100* to $10*.
A presence of successful legal representative of ORR’s children: $80* to $100*.
Acquiring the consents of Federal Law Court of Australia: $60* to $80*.
8.4 If settlement of your claim is being resolved by alternate dispute resolution, prior to any agreement resolving the Family-Children matter this law practice will provide you with a reasonable estimate of overall costs payable by ORR on settlement. A reasonable estimate of the costs you would obtain from the third party (his former wife) on settlement if the settlement is favourable to you or a reasonable estimate of the property to be settled with her, ORR may have to pay the agreed costs to her.
Family Law
Acknowledgement
Mr. Andrew ORR and his solicitor (JT) along with Children and their legal representative further acknowledge that we have read and understood the legal contents of this Disclosure Notice.
| Andrew ORR / ORR’s Children | / / | |
| of // Client/Associated Third Party // | Date | |
| Andrew ORR / ORR’s Children | / / | |
| Signature of // Client/Associated Third Party // |
Annexure D- Draft a Cover Letter
MOUNT GRAVATT LAW CENTRE
Solicitors
1030 Cavendish Road, Mt Gravatt, Qld 4030
4.8.2019
Andrew James ORR, 6 Thames Street, New Farm 4005
Dear Sir,
Matter: Advices for the Client
Even at present, Mr. ORR resides in 6 Thames Street, New Farm 4005, while his wife, Madeline Grace ORR lives in Journey Family Lawyers, Spring Hill. Following the legal procedure, the client will be represented with respect to all the works included in the application to the Federal Circuit Court for Divorce\ Family – Children.
Thank you for your instructions to act on behalf of Mr. ORR and JT Enclosed are: Disclosure Notice in accordance with the Legal Profession Act 2007 (Qld); and our costs agreement. Set out in the Disclosure Notice documents, we are required by law to disclose to you under the Legal Profession Act 2007 (Qld). The enclosed documents describe the basis on which we propose that you engage us. Please ensure that you have carefully read and understood the Disclosure Notice before considering the terms of the agreement. If you wish to discuss or clarify the terms of the enclosure with us, please phone me or Jane Smith. Enclosed is our offer to enter into a costs agreement which you may accept by any one of the following ways which is identified as signing and returning the enclosed copy of the costs agreement, giving us instructions after receiving these documents, and oral acceptance.
If you accept this offer you will be regarded as having entered into a costs agreement. Whilst not essential, we would appreciate you returning signed copies of the Disclosure Notice and costs agreement at your earliest convenience. Failure to accept our offer within 14 days of dispatch of this document can result in the immediate withdrawal of our offer to act on your behalf. By signing this document, you acknowledge that we has provided you with a costs disclosure statement in accordance with section 308(5) of the Legal Profession Act 2007 setting out your rights in relation to legal costs and you have been informed of your right to seek independent legal advice and your cooling off period of five days. When you accept this offer to enter a (conditional and/or uplift) costs agreement, this document becomes our costs agreement and it is referred to in that way below.
Yours faithfully,
JT
| Enc.Duplicate Disclosure Notice Duplicate Costs Agreement |
MOUNT GRAVAT LAW CENTRE
NEW FILE NOTIFICATION
TO: Accounts Department
FROM: JT
DATE: Today’s Date
RE: NEW FILE DETAILS – (Mr. Andrew James ORR)
Please find attached new file coversheet/s that provide the information for the opening of matters on the data base.
I confirm that the case files are associated with the matter of Family-Divorce and that the appropriate correspondence has been sent to the client (Mr. Andrew James ORR).
I confirm that my client cost agreement/s and disclosure notice/s have been prepared for the matter of Family-Divorce.
Please return the opened folders with the appropriate file numbers within the required 24 hour period in accordance with our New Matter policy and procedure.
Please contact me if you require any further information.
MOUNT GRAVAT LAW CENTRE
NEW FILE NOTIFICATION
TO: Accounts Department
FROM: JT
DATE: Today’s Date
RE: NEW FILE DETAILS – (Mr. Andrew James ORR)
Please find attached new file coversheet/s that provide the information for the opening of matters on the data base.
I confirm that the case files are legally aided with a matter of Family-Property and that the appropriate correspondence has been sent to the client (Mr. Andrew James ORR).
I confirm that my client cost agreement/s and disclosure notice/s have been prepared for the matter of Family-Property.
Please return the opened folders with the appropriate file numbers within the required 24 hour period in accordance with our New Matter policy and procedure.
Please contact me if you require any further information.
MOUNT GRAVAT LAW CENTRE
NEW FILE NOTIFICATION
TO: Accounts Department
FROM: JT
DATE: Today’s Date
RE: NEW FILE DETAILS – (Mr. Andrew James ORR)
Please find attached new file coversheet/s that provide the information for the opening of matters on the data base.
I confirm that the case files are legally aided with a matter of Family-Children and that the appropriate correspondence has been sent to the client (Mr. Andrew James ORR).
I confirm that my client cost agreement/s and disclosure notice/s have been prepared for the matter of Family- Children.
Please return the opened folders with the appropriate file numbers within the required 24 hour period in accordance with our New Matter (Family-Children Matter) policy and procedure.
Please contact me if you require any further information.
Annexure F –Memorandum
MT GRAVATT LAW CENTRE
INTERNAL MEMORANDUM
TO: Mr James Thomsen
FROM: Paralegal
DATE: 4th August, 2019
RE: Family Law Courts of Australia
1.0 Provide Andrew James ORR with info relating to the costs in relation to marriage, families, and separation brochure.
2.0 Give legal advice to the Client so that he can understand the issue in details
3.0 Please be more careful while looking into the three legal matter appropriately
4.0 The legal matters will be charged on an hourly base
5.0 Make sure to analyse the binding precedent
6.0 Please also make sure that you have segregated the facts accordingly
7.0 Please ensure that you have summarised the obtained results in a logical manner
References
Australian Government Solicitor, 2002, ‘Outsourcing: Agency Obligations under the privacy act’, Legal Briefing, pp. 1-8.
Cooper, D, & Field, R, 2008, ‘The family dispute resolution of parenting matters in Australia: an analysis of the notion of an ‘independent’ practitioner’, Queensland University of Technology Law and Justice Journal, pp. 158-175.
Legal Profession Act 2007 (Qld)
Legislation, 2014 ‘Legal profession act 2004 no. 046, Chief Parliamentary Council, pp. 1-623.
Legislation, 2016, ‘Legal profession act 2007’, Queensland, pp. 1-572.
LPA s 310(1).
Queensland Law Society, 2007, ‘Legal profession (solicitors) rule 2007’, Legal Services Commission, pp. 1-60.
