As part of the ‘new client’ process you must download this PDF file. Once you have done so you must fill in your personal details where indicated and sign the document ready to be sent to Gray’s Family Law.
Costs Agreement.pdf 110.0KB 21 Feb 2013 10:35 PM
The below text is for reference only – you should click the link above link to view/download the original PDFdocument for current and correct content.
NB: please select relevant entry (i.e. children and or property). For this firm to act on your behalf in relation to proposed orders/parenting plan/financial agreement (delete whichever is not applicable) with respect to children and / or property:
BETWEEN
Jackael Pty Ltd ACN: 123 079 961 Trading as Gray’s Family Law of PO Box 5303, Maroochydore Qld 4558 (‘this firm’)
AND
Please insert full name and address (‘you’)
This section must be completed by you on the original document, downloadable via the link at the top of this page. Once complete it must be attached to the ‘New client’ Questionnaire prior to submitting to us.
Name
No. & Street
Suburb
Town / City
State
Postcode
Date
1.0 Disclosure prior to legal services
1.1 Before providing legal services and entry into any costs agreement, this firm is required to provide you with disclosure of information under the Legal Profession Act 2007 (Qld).
1.2 A disclosure notice was provided to you with this document and by signing this document or otherwise accepting the offer contained herein:
(a) You acknowledge you have received the disclosure notice; and
(b) You acknowledge that you have read the disclosure notice.
2 .0 Acceptance of Offer
2.1 This document is an offer to enter into a costs agreement with you. If you accept this offer, you will be regarded as having entered into a costs agreement. This means you 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:
(a) By signing and returning a copy of this document; or
(b) By giving us instructions to represent you, whether such instructions are oral or written, after receiving this document
2.2 This firm 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:
(a) Provide this firm with timely, accurate and proper instructions, including all documents and other records relevant to the provided services;
(b) Act reasonably and take reasonable care to protect your own interests in respect to the matters the subject of this document;
(c) Satisfy yourself as to the commercial viability of transactions (if any); and
(d) 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;
(e) Provide this firm with any alteration to your contact details ensuring that this firm has at all times your current address and other contact details.
2.4 The work this firm is instructed to do is:
(a) General services – The provision of legal services as requested from time to time, in the areas of family/de facto law to represent your interests throughout the duration of this client agreement in any dispute, mediation, including alternative dispute resolution processes and preparation of documents required to finalise the proceedings.
(b) 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 areas of family/de facto law including associated mediations and other Alternative Dispute Resolution processes.
2.5 Failure to accept this firm’s offer within seven days of the date of the Disclosure Notice accompanying this document may result in the immediate withdrawal of this firm’s offer to act.
2.6 The law of Queensland will apply to the proposed costs agreement.
3.0 Charges for professional fees, other items, disbursements and outlays
Professional Fees
3.1 This firm’s professional fees charged are an amount calculated by reference to the amount of time spent for which the hourly charge rates are Four Hundred and Fifty Dollars ($450.00) inclusive of GST.
Time is charged in intervals or units of six minutes i.e.: Forty-Five Dollars ($45.00) including GST per unit. Our fees include secretarial and word processing services.
These rates are reviewed from time to time and may change. We will tell you of any change as soon as practicable after a change occurs.
3.2 Fees for Other Items Expenses and Disbursements
We will charge you at cost for any expense we incur on your behalf. These expenses may include Court and other filing fees; Lodgement and Registration fees; other law practice fees (including barrister’s fees); Valuation fees; accountants fees; Search and Enquiry fees; all government revenue charges (including stamp duty); courier fees; travel and accommodation expenses if required.
3.3 All rates, charges, expenses, etc in this document are GST inclusive unless otherwise stated . You will pay us an additional amount on account of any GST, which we are liable to pay as a result of any supply we make to you.
4.0 Billing, interest charges and contact person
4.1 Interim bills will be sent to you at the end of each month. Payment of those accounts is requested within 14 days of the date of issue unless specific arrangements have been entered into by you and this firm for payment at the conclusion of the matter for which this firm is engaged and for which suitable security arrangements have been made by you for payment of those fees and charges. A final bill will be given to you at the conclusion of your matter. Accounts are payable within 14 days.
4.2 You may request an itemised bill of costs. An itemised bill will be given to you if you request one within 28 days of you receiving your account.
4.3 Subject to the foregoing, if bills remain unpaid for 30 days of becoming due for payment, interest may be charged on the unpaid amount at a benchmark rate being the rate prescribed by regulations under the Legal Profession Act 2007 (the LPA) which is the rate that is equal to the Cash Rate Target, as defined by the regulations to the LPA, plus five percentage points as at the date of the bill.
4.4 In the event that you do not pay this firm’s account, the proposed costs agreement entitles the exercise of a solicitor’s lien. The lien allows us to retain all your documents and any funds held in trust for you until the account is paid.
4.5 Payment Options
· Electronic Transfer to the account nominated on the invoice
· Credit/Debit/card or Bank through PayPal
· PayPal to PayPal
4.6 You may contact Michael Gray regarding your legal costs.
4.7 For the purpose of this agreement you will be deemed to have received our bill if it is:
(a) Given to you or to your agent personally – on the day it is given to you;
(b) Sent to you at the address above or to your agent by post then – within two business days of posting.
(c) Sent to you via e-mail at thee-mail address you provide – on the day it is sent.
5.0 Engagement of another law practice (e.g. barrister)
5.1 In the event that this legal practice engages another law practice or advocate (e.g. a barrister) to provide specialist advice or services on your behalf you will be advised. If the other law practice or advocate provides this firm with fee disclosures or the basis of fee calculation, this firm will pass this information on to you and you agree to pay those fees in accordance with that fee disclosure. If this firm becomes liable to pay interest on any advocate’s fees as a consequence of delay on your part, this firm will pass that charge on to you and you agree to pay that additional fee.
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 your behalf whether by a member of this or another law practice.
6.0 Termination of agreement
6.1 You may terminate this agreement at any time.
6.2 Should you terminate this agreement at any time, you remain liable for the legal costs, expenses and disbursements up until that time.
6.3 If you do not pay monies in accordance with the costs agreement, this firm may suspend work and may cease acting for you.
This firm will not continue to do the work and may terminate the agreement if:
(a) You fail to pay this firm’s bills or deposit monies to this firm’s trust account as required from time to time;
(b) You fail to provide this firm with adequate instructions within a reasonable time;
(c) You give instructions that are deliberately false or intentionally misleading;
(d) You fail to accept an offer of settlement, which the principal, on behalf of this firm, thinks is reasonable;
(e) You fail to accept advice this firm (or a specialist law firm or barrister engaged on your behalf) gives you;
(f) You fail to provide us with a current address or contact details within a reasonable time from such address or details changing (from those provided by you for the purposes of this agreement) or you fail to respond to our request for you to provide us with instructions within three (3) calendar months from the date this firm requests those instructions from you by letter addressed to the last address provided by you;
(g) You engage another law practice to advise you on this matter without this firm’s consent;
(g) The principal, on behalf of this firm and on reasonable grounds, believes that this firm may have a conflict of interest;
(h) You ask this firm to act unethically; or
(i) For any other just cause.
6.4 If the agreement is terminated either by you or this firm, you will be required to pay this firm’s professional fees, fees for other items, expenses and disbursements up to the date of termination.
6.5 This firm will give you notice of its intention to terminate this agreement, and of the grounds on which the notice is based.
6.6 On termination, this firm is entitled to retain possession of your documents and trust money while there is money owing for professional and other fees, fees for other items, expenses and disbursements, unless and until these fees, expenses and disbursements are paid or security is provided for them.
7.0 Retention and destruction of your documents
This firm will, on completion of the work and subject to your instructions, retain any papers to which you are entitled, but which you leave in this firm’s possession for no more than seven (7) years and on your authority to us, that you herewith provide, and our undertaking to you to destroy the file and all the documents it contains seven years after the date of the final bill we render.
8.0 Privacy protection
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 (e.g. under the Social Security Act). You authorise this firm to disclose such information where necessary to others in relation to your matter (e.g. within the law practice, to the Court, the other party or parties to litigation, to valuers, experts, barristers, etc).
9.0 Payment/money on account
This firm 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 this firm to draw on the money for expenses, third party payments and professional fees as they become due. You have the right to revoke this authority by giving 7 days notice in writing but we may still withdraw any money held in our trust account for legal costs accrued up to the expiry of the notice period for costs accrued whenever billed. As professional fees become due, you will be provided with a bill. The issue of such a bill shall, for the purposes of Section 58(3)(b)(i) and (ii) of the Legal Profession Regulation 2007, constitute a Request for Payment/Notice of Withdrawal. You hereby authorise us to withdraw the money in payment of those fees unless, within 7 days of receipt of the bill, you object to the withdrawal of the money for the payment of those fees.
10 Acceptance
You may accept this offer to act by:
(a) Signing and returning a copy of this document; or
(b) Giving us instructions after receiving this document
11 Disputes
If you dispute our legal costs you may –
• Contact us to discuss your concerns with us;
• Request an itemised bill;
• Apply for a costs assessment, under Division 7 of the Legal Profession Act 2007, within 12 months of delivery of a bill or request for payment;
• Apply to the appropriate Court under Section 328 of the Legal Profession Act 2007 to set aside the costs agreement within six years or such other time period as the law permits.
__________________________ / /
Signed by or for and on behalf of the firm
Michael Gray
Legal Practitioner Director
This section must be completed by you on the original document, downloadable via the link at the top of this page. Once complete it must be attached to the ‘New client’ Questionnaire prior to submitting to us.
_________________________ / /
Signed by or for and on behalf of the client
Full name of client
______________________________________________
Liability limited by a scheme approved under professional standards legislation. Jackael PTY LTD ACN: 123 079 961 trading as: Gray’s Family Law.