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..
Disclosure Notice-1.pdf 165.5KB 21 Feb 2013 8:25 PM
The below text is for reference only – you should click the link above link to view/download the original PDF document for current and correct content.
Below is a copy of the Disclosure Notice. It is for reference only. To continue through the ‘new client’ process you must download the original PDF (link above). Once you have done so you must fill in your personal details where indicated and sign the document.
Disclosure Notice (s308)
Legal Profession Act 2007 (Qld)
Scope of work:
Generally, family disputes revolve around either property or parenting issues or sometimes both. For convenience, we have set out below the scope of work associated with both.
We are not an approved provider of services for the purposes of Legal Aid.
Please note that Gray’s Family Law is a Collaborative Legal Practice. That is, we work collaboratively with you, your former partner and his or her legal representative to bring about an outcome that is in accordance with the principles and tenets of the Family Law Act.
Please also note that Gray’s Family Law conducts Family Law matters only. We do not hold ourselves out as being able to provide advice in any other area of law. If, in addition to Family Law issues, you have concerns in relation to any other area of the law, you should consult a legal practitioner who is suitably qualified in that area.
If we are unable to resolve your dispute through negotiation, mediation or other form of Alternative Dispute Resolution and it becomes necessary to litigate, we will, in consultation with you, engage a barrister who will, I consultation with us and you,conduct the litigation for you.
Property:
To represent your interests in negotiating a property settlement with your former partner pursuant to the provisions of the Family Law Act 1975 including attending on you and your agents either in person or by telephone to provide advice, drafting and perusing correspondence from the solicitors for your former partner and others including but not limited to mortgagees, valuers and real estate agents if required, arranging and attending settlement conference if required through alternate dispute resolution processes, drafting settlement documentation including application for consent orders, consent orders or a binding financial agreement, drafting Court documents where required, attending on barristers on your behalf and advising generally.
Parenting
To represent you in negotiating Consent Orders/Parenting Plan with the child or children’s parent or their legal representative in relation to, where appropriate, Orders for parental responsibility, with whom any given child shall live, spend time with and communicate with. This includes attending on you either in person or by telephone to provide advice, drafting and perusing correspondence from you or from other parties including solicitors for the child or children’s parent, arranging settlement conference if required either through a Family Dispute Resolution Practitioner or other form of Alternative Dispute Resolution, drafting documentation including Applications for consent orders, consent orders/parenting plan as appropriate, and, in the event of failure of negotiations and/or other form of Dispute Resolution, arranging other parties (e.g. barristers or agents) to draw and or settle appropriate documents including Applications and Affidavits, to attend court with you and to conduct the litigation on your behalf.
To the client:
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
Address No., Street, Suburb, Town / City, State Postcode
Date
By signing this disclosure notice you agree that you have read and understood its terms and particularly that you agree to enter into a costs agreement with this firm whereby you acknowledge that you will be legally bound to pay all legal fees, costs and charges incurred by you in the conduct and carriage of this matter, as detailed in this disclosure notice and the costs agreement.
1 Legal fees – your rights
1.1 You have the right to:
Negotiate a costs agreement 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 you with information about our legal services, the cost of those services and your rights. For more information about your rights, please read the fact sheet titled ‘Legal Costs – Your Right to Know’, a copy of which is provided herewith. You can also obtain a copy from the Queensland Law Society or download it from their website at www.qls.com.au.
1.3 The law of Queensland will apply to the proposed costs agreement. You have the right to enter into a costs agreement with us on the basis that a
corresponding law of another State or territory is applicable, such as where the legal services are or will be completely or primarily provided in, 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 (except sophisticated clients as defined in the LPAQ)
To apply to set aside the costs agreement within six years or other time as the law permits.
2 Incorporated status of this firm
This firm is an incorporated practice and we advise that:
The services to be provided are:
The provision of legal services in the areas of family/de facto law as requested from time to time to generally represent your interests throughout the duration of our costs agreement in any dispute, investigation of a cause of action, mediation or other alternative dispute resolution process, including all interlocutory steps associated therewith. For advice work, the provision of advices and associated legal services as requested from time to time throughout the duration of our costs agreement in the areas of family/de facto law including mediation and other Alternative Dispute Resolution processes.
All legal services to be provided under our costs agreement agreement will be provided by an Australian Legal Practitioner.
The provision of legal services is regulated by the Legal Profession Act 2007 (Qld). However the provision of non-legal services under our costs agreement is not regulated by that legislation.
The information in this paragraph is provided to you in relation to this matter only.
3 How this firm charges
There are several bases by which legal practices charge for professional services rendered including itemised scale of 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 firm’s professional fees charged will be as an amount calculated by reference to the amount of time spent attending to your matter. Our hourly charge rates are Four Hundred and Fifty Dollars ($450.00) inclusive of GST for a Legal Practitioner Director.
Time will be charged in 6 minute intervals with six minutes being the minimum interval recorded. For example, the time charged for an attendance, personal or by telephone, on you or others (e.g. your former partner or, if he or she is represented, his or her legal representative, mediator or other alternative dispute resolution practitioner) of up to six minutes will be one unit and the time charged for between six and twelve minutes will be two units.
We will charge you at cost for any expense we incur on your behalf. These expenses may include 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, and courier fees). All rates, charges, expenses, etc in this document are GST inclusive unless otherwise stated
This firm will inform you of these expenses and disbursements as well as any other payments required to be made as soon as it is reasonably practicable, and you agree to pay those expenses and disbursements forthwith upon receipt of the relevant tax invoice or, if those expenses and disbursements have been paid by this firm on your behalf, forthwith upon request by this firm.
4 Estimate of your costs
The following estimates are based on information available to this firm to date. They are estimates only, not a quotation and are subject to change.
It is not possible at this time to provide an accurate estimate of the total costs. Below is this firm’s estimate of the range of total costs (excluding GST) provided for different stages. There may be a number of stages in your matter, which will vary according to its complexity, but may broadly be divided into:
Stage 1:
Between receiving initial instructions and drawing or filing documents to give effect to a negotiated settlement – One Thousand Five Hundred Dollars ($1,500) to Five Thousand Dollars ($5,000).
Stage 2:
From the point of acknowledgment of negotiations being unsuccessful to the conclusion, successful or otherwise, of mediation or similar assisted settlement negotiation, involving the preparation of documents, a further Two Thousand Five Hundred Dollars ($2,500) to Five Thousand Dollars ($5,000).
Stage 3:
If it then becomes necessary to commence litigation, the costs of that litigation will be as assessed by the firm that conducts that litigation on your behalf. If that litigation is conducted by this firm we estimate the further costs of any such litigation as between Fifteen Thousand Dollars ($15,000) and Thirty Thousand Dollars ($30,000). If conducted by another firm, that firm will provide you with an estimate of their costs. These estimates are made on the information available at this time and the estimates will probably change when more information is available to this firm. The major factors that will affect the estimates are:
The difficulty and complexity, if any, in providing or obtaining all relevant documents for disclosure;
The difficulty and complexity in providing or obtaining material required to complete Court documents, where appropriate, including Affidavits and Financial Statements;
The difficulty and complexity in providing or obtaining evidentiary material from third parties such as accountants, valuers etc.
The willingness or otherwise of the other party to comply with his or her obligation to disclose, and his or her willingness or otherwise to provide prompt and detailed instructions to his or her legal representative;
The willingness or otherwise of both parties to enter into significant and meaningful settlement discussions and negotiations and/or to participate in alternative dispute resolution processes;
Unascertainable variables such as geographic remoteness, difficulty in communications, particularly in relation to providing instructions, or any other circumstance, as yet unforeseen, that may give rise to unavoidable delays in providing instructions or responding to correspondence.
5 Billing, interest charges and contact person
5.1 Bills will be sent to you containing information of professional fees, other charges, disbursements and expenses and GST at monthly intervals and at the conclusion of the matter.
5.2 If bills remain unpaid after 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 (LPA) which is the rate that is equal to the Cash Rate Target (ascertainable at www.rba.gov.au). as defined by the regulations to the LPA, plus five percentage points as at the date of the bill.
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 funds in trust until the account is paid.
5.3 You may contact Michael Gray regarding your legal costs.
6 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.
7 Engagement of another law practice (e.g. barrister)
In the event that this legal practice engages another law practice (e.g. a barrister) to provide specialist advice or services on your behalf, you will be advised.
8 Ending arrangements
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 firm may suspend work and may cease acting for you.
This firm may also end your engagement pursuant to any of the matters outlined at Clause 6 of the Costs Agreement. In that event, you remain liable for the legal costs up to that time.
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
*ACKNOWLEDGEMENT:
I, acknowledge that I have read and understood the contents of this Disclosure Notice.
(Signature)
Full name
Date
Liability limited by a scheme approved under professional standards legislation. Jackael Pty Ltd ACN: 123 079 961 trading as: Gray’s Family law