STANDARD COSTS AGREEMENTS - DISCLOSURES - incorporated by reference into quotation estimates/emails and faxes /letters provided with each Matter as applicable in each jurisdiction (Place/location)
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NSW AND SYDNEY Standard Costs Disclosure
NSW - COSTS AGREEMENT AND DISCLOSURE
From: ALEX TEES (Solicitor) Firm :
admin@legalexchangelawyers.com
Principal: Alexander Tees
0409813622/612 92813230
E atees@bigpond.com
Standard Costs Disclosure
[[............................................]]This document discloses information about the costs of our legal services, and your rights, as required by the Legal Profession Uniform Law (NSW) (“LPUL”)“the Uniform Law”). NSW (the Act). You may negotiate and enter into a costs agreement with us based on the information contained in this document. A standard costs agreement is attached.
1. GST
All rates, charges, expenses etc. in this document are GST exclusive unless otherwise stated. Where the service provided is subject to GST, GST of 10% will be added and charged to you.
2. Costs-how calculated
Hourly Rate of $450.00 Plus GST will apply unless discounted by Principal and/or if lump sum not specified
2.1 Professional Fees
We will charge you professional fees at a fixed cost for the work we do:
2.1.1 (a) the *lump sum of: $
(b) plus GST of 10%: $
(c) TOTAL (GST inclusive): $
PLUS:
2.2 Expenses & Disbursements
We will incur expenses and disbursements (being money which I/we pay or are liable to pay) to others on your behalf. These may include:
Search fees; enquiry fees; court filing fees; process servers; clinical records from hospitals; medical reports; experts’ reports; witnesses expenses; travel expenses, transcripts; barrister’s fees.
We will inform you of these expenses and disbursements as well as any other payments required to be made, as soon as is reasonably practicable.
We use a settlement agent for our Conveyancing settlements. The fee of the agent is $550, which will be paid during settlement directly to the agent.
The expenses & disbursements will/or might amount up to $200 or more depending on the searches we carry out.
3. Your right to a bill of costs
You are entitled to receive a bill of costs from us. If we send you a lump sum bill you may request an itemised bill within 30 days of receipt of the lump sum bill.
5. Billing arrangements
We will send you a bill of costs containing information of our professional fees and charges, disbursements and expenses, including GST, either after completion of the work, or monthly, or at other times as agreed with you, when the work is in progress.
6. Interest on unpaid costs
If our costs are not paid within 30 days of receipt by you of our bill of costs, we may charge you interest on the unpaid amount at the rate prescribed in Regulation 110A, (or as amended by LPUL), of the Legal Profession Regulations . The current rate is 0.50% per annum, but may vary at the time the Bill of Costs is issued.No discounts granted by Principal will apply in the event of default/unpaid tax Invoices and/or disputed tax Invoices whether or not same have been paid
7. Dispute as to Legal costs
The Act gives you the right to: apply to the Supreme Court to have the bill of costs assessed for its fairness and reasonableness by a Costs Assessor; or the right to have the costs mediated if the dispute is less than $10,000 (referral for mediation must be made before an application for assessment is accepted by the Manager, Costs Assessment); or a costs agreement set aside by the Costs Assessor on the basis that it is not fair, just or reasonable. Applications for assessment should be made before the expiry of 60 days after receipt of the bill of costs, or request for payment of costs made by us, or full payment made to us, whichever is the earliest.
8. Persons responsible for your matter and legal costs
Designated Lawyer/Solicitor will be responsible for your matter under the supervision of Mr Alexander Tees. You may contact either one of them regarding your matter and your legal costs.
9. Substantial changes to disclosure
You will be informed, as soon as is reasonably practicable, of any substantial changes to anything contained in this disclosure document.
10. Progress reports
You are entitled to request, at reasonable intervals, written progress reports on your matter. Our normal charge-out rates will apply for this service. You are entitled to request a written report on the legal costs incurred to date or since the last bill of costs was given to you, free of charge.
11. Engagement of another law practice
It may be necessary for us to engage, on your behalf, the services of another law practice/and or Barristers/Counsel to provide specialist advice or services, including advocacy services, or to act as our agent. We will consult you as to the terms of that law practice’s engagement, but you may be asked to enter into a costs agreement directly with that law practice. The law practice engaged by me us will disclose costs in a similar manner and we will disclose those costs to you.
12. Costs in court proceedings (Not Applicable/* applicable)
12.1 *If court proceedings are taken on your behalf, the court may order the other party to pay your costs of the proceedings. This sum will not necessarily cover the whole of your legal costs due to us. It is possible that the court may make an order that you pay the other party’s costs (if, for instance, you lose the case). These costs are payable by you to the other party in addition to the costs payable to us.
12.2 If you are successful in the litigation the following is the range of costs that may be recovered from the other party. The sums given below are merely estimates.
12.2.1 prior to hearing : $
12.2.2 up to and including a single day’s hearing : $
12.2.3 up to and including three days’ hearing : $
12.2.4 etc : $
12.3 If you are unsuccessful in the litigation you may be ordered to pay the other party’s costs. The sums given below are merely estimates, and based on my/our estimate of what the other party’s law practice may charge.
12.3.1 prior to hearing: $
12.3.2 up to and including a single day’s hearing: $
12.3.3 up to and including three days’ hearing: $
12.3.4 etc: $
13. Applicable law
The law of NSW applies to legal costs regarding this matter. You are, however, able to enter into a costs agreement with us on the basis that the corresponding law of another State or Territory is applicable if this matter has a substantial connection with that State or Territory. In that event, we will disclose costs as they are applicable in that State or Territory. You have the right to contract with us that the costs assessment scheme in NSW is applicable, in the event of any dispute as to costs arising with us.
Billing Arrangements
Our usual policy is to issue a tax invoice on a monthly basis but we may issue tax invoices on a more frequent basis depending on the nature of the work. All tax invoices are due and payable 30 days from the date of the tax invoice. You consent to us sending our tax invoices to you electronically at your usual email address or mobile phone number as specified by you.
You may accept the Costs Disclosure and Costs Agreement by:
a) signing and returning this document to us or: b) continuing to instruct us. Upon acceptance you agree to pay for our services on these terms.
Interest at the maximum rate prescribed in Rule 75 of the Legal Profession Uniform General Rules 2015 (“Uniform General Rules”) (being the Cash Rate Target set by the Reserve Bank of Australia plus 2%) will be charged on any amounts unpaid after the expiry of 30 days after a tax invoice is given to you. Our tax invoices will specify the interest rate to be charged.
The Legal Profession Uniform Law (NSW) (“the Uniform Law”) provides that we cannot take action for recovery of legal costs until 30 days after a tax invoice (which complies with the Uniform Law) has been given to you.
It is your right to:
(a1) negotiate a costs agreement with us;
If you request an itemised bill and the total amount of the legal costs specified in it exceeds the amount previously specified in the lump sum bill for the same matter, the additional costs may be recovered by us only if:
(i) when the lump sum bill is given, we inform you in writing that the total amount of the legal costs specified in any itemised bill may be higher than the amount specified in the lump sum bill, and
(ii) the costs are determined to be payable after a costs assessment or after a binding determination under section 292 of the Uniform Law.
Nothing in these terms affects your rights under the Australian Consumer Law.
If you have a dispute in relation to any aspect of our legal costs you have the following avenues of redress:
It is our policy that, when acting for new clients, we do one or more of the following:
(a1) approve credit;
Unless otherwise agreed with you, we may determine not to incur fees or expenses in excess of the amount that we hold in trust on your behalf or for which credit is approved.
You authorise us to receive directly into our trust account any judgment or settlement amount, or money received from any source in furtherance of your work, and to pay our professional fees, internal expenses and disbursements in accordance with the provisions of Rule 42 of the Uniform General Rules/& LPUL as applicable . A trust statement will be forwarded to you upon completion of the matter.
On completion of your work, or following termination (by either party) of our services, we will retain your documents for 7 years. Your agreement to these terms constitutes your authority for us to destroy the file after those 7 years. The authority does not relate to any documents which are deposited in safe custody which will, subject to agreement, be retained on your behalf indefinitely. We are entitled to retain your documents while there is money owing to us for our costs.
You will be liable for the cost of storing and retrieving documents in storage and our professional fees in connection with this.
We may cease to act for you or refuse to perform further work, including:
We will give you reasonable written notice of termination of our services. You will be required to pay our costs incurred up to the date of termination.
You may terminate our services by written notice at any time. However, if you do so you will be required to pay our costs incurred up to the date of termination (including if the matter is litigious, any cancellation fees or other fees such as hearing allocation fees for which we remain responsible).
Without affecting any lien to which we are otherwise entitled at law over funds, papers and other property of yours: (a) we shall be entitled to retain by way of lien any funds, property or papers of yours, which are from time to time in our possession or control, until all costs, disbursements, interest and other moneys due to the firm have been paid; and (b)our lien/charge will continue notwithstanding that we cease to act for you.(c) You hereby grant us a charge over all your personal or other property under the Personal Properties Securities Act (Cth) and also over and in respect of any land owned by you to secure payment of any payment(s) overdue.
We will collect personal information from you in the course of providing our legal services. We may also obtain personal information from third party searches, other investigations and, sometimes, from adverse parties.
We are required to collect the full name and address of our clients by Rule 93 of the Uniform General Rules. Accurate name and address information must also be collected in order to comply with the trust account record keeping requirements of Rule 47 of the Uniform General Rules and to comply with our duty to the courts.
Your personal information will only be used for the purposes for which it is collected or in accordance with the Privacy Act 1988 (Cth). For example, we may use your personal information to provide advice and recommendations that take into account your personal circumstances.
If you do not provide us with the full name and address information required by law we cannot act for you. If you do not provide us with the other personal information that we request our advice may be wrong for you or misleading.
Depending on the nature of your matter the types of bodies to whom we may disclose your personal information include the courts, the other party or parties to litigation, experts and barristers, the Office of State Revenue, PEXA Limited, the Land and Property Information Division of the Department of Lands, the Registrar General and third parties involved in the completion or processing of a transaction.
We do not disclose your information overseas unless your instructions involve dealing with parties located overseas. If your matter involves parties overseas we may disclose select personal information to overseas recipients associated with that matter in order to carry out your instructions.
We manage and protect your personal information in accordance with our privacy policy [which can be found on our firm website or a copy of which we shall provide at your request]. Our privacy policy contains information about how you can access and correct the personal information we hold about you and how you can raise any concerns about our personal information handling practices. For more information, please contact us in writing.
We are able to send and receive documents electronically. However, as such transmission is not secure it may be copied, recorded, read or interfered with by third parties while in transit. If you ask us to transmit any document electronically, you release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document, for any delay or non-delivery of any document and for any damage caused to your system or any files.
Where applicable, GST is payable on our professional fees and expenses and will be clearly shown on our tax invoices. By accepting these terms you agree to pay us an amount equivalent to the GST imposed on these charges.
The law of New South Wales governs these terms and legal costs in relation to any matter upon which we are instructed to act.
RE: (Matter Type/name)
Hereby authorize ALEX TEES & Equitus Legal Solicitors to *act for me both generally, specifically and to receive all documents and information in relation to myself, all my commercial and legal matters.*Subject to the Solicitor’s Standard Costs Agreement and Disclosure.I acknowledge that full confidentiality and Legal Professional Privelege applies.
(Applicable/Not Applicable)Terminate all instructions to Previous Lawyers/Legal Practitioners.
Hereby authorise the Solicitor(s) to receive all monies/disbursements/settlement monies and judgments etc. on my/or behalf and to pay such disbursements.
Signature Signature
_________________ _________________
Client Witness
________________ __________________
Print Name Print Name
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QUEENSLAND - COSTS AGREEMENT & DISCLOSURE - " CLIENT SERVICE AGREEMENT - "CSE"
LEGAL EXCHANGE - , Alexander Tees
Costs Disclosure Notice
Section 308 Legal Profession Act 2007 (Qld)
RE:…………………….. ; & otherwise previous emails/Facsimile
File no:
To: ………………….. & clients as designated in attached email/facsimile
1. Legal fees – your rights
(a) You have the right to:
(i) Negotiate the enclosed client services agreement (CSA) with us;
(ii) Receive an account from us;
(iii) Request an itemised account after you receive a lump sum account from us;
(iv) Request written reports about the progress of your matter and the costs incurred in your matter;
(v) Apply for costs to be assessed within 12 months if you are unhappy with our costs;
(vi) Apply for the CSA to be set aside;
(vii) Accept or reject any offer we make for an interstate costs law to apply to your matter;
(viii) Notify us that you require an interstate costs law to apply to your matter; and
(ix) Be notified of any substantial change in the matters disclosed in this Notice.
(b) This disclosure notice provides you with information about our legal services, the cost of those services and your rights. For more information about your rights, please read the enclosed facts sheet titled ‘legal costs – your right to know’ published by the Qld Law Society.
(c) The law of Queensland will apply to the CSA. You have the right to enter into a CSA with us on the basis that a corresponding law of another state or territory is applicable if our services will be provided completely or primarily in that state or territory, or where the matter has a substantial connection with that other state or territory. You also have the right in certain circumstances to notify us in writing in accordance with the time limits of the corresponding law that you require the law of another jurisdiction to apply.
(d) If you dispute your legal costs, you have the right under the Legal Profession Act 2007 (Qld) to:
(i) Apply for a costs assessment within 12 months of delivery of an account or request for payment or such extended time as may be permitted by the court or costs assessor after considering the reason for the delay (except sophisticated clients as defined in the LPAQ); or
(ii) Apply to set aside the CSA within 6 years or other times as the law permits.
2. How this firm charges
(a) There are several bases by which legal practices charges for professional services rendered including itemised scale fees, statutory scales, task based fees, fixed fees and conditional fee arrangements which may include an uplift fee. These different methods of charging may result in different fees payable.
(b) Our firm’s professional fees charged will be as
Option 1
(i) A lump sum of $...........(n/a) inclusive of GST. (or as otherwise Communicated to you in our accompanying Email/Facsimile/Letter)
(ii) If the agreement is terminated either by you or on a permitted ground by this firm, you will be required to pay the professional fees charges and disbursements and outlays up to the date of termination.
(iii) You will be liable to pay this firm whether or not the other party to any court proceedings has to pay your costs of the proceedings. They will be charged as follows:
Option 2 SHALL APPLY IF NO OTHER OPTION SPECIFIED
(iv) An amount calculated by reference to the amount of time spent attending to your matter. Our normal hourly charge rates (including GST) are $450.00. per hour or part thereof (where no other estimate ,lump sum or Fee range is provided)
(v) Time will be charged in 6 minute intervals – with 6 minutes being the minimum interval recorded for professional services. For example, the time charged for an attendance of up to 6 minutes will be 1 unit and the time charged for an attendance between 7 and 12 minutes will be two units.
- Or as per accompanying Email,Facsimile or Letter/Communication – Lump Sum/Range of fee quotes
(c) Fees for other items (including GST) are:
[[PASTING TABLES IS NOT SUPPORTED]]
Disbursements : You may also become liable to pay disbursements such as Court Filing/hearing/Court fees, Commercial Agents Service/delivery Fees,Search Fees or Fees for Barristers/Counsel or other Inter State or International Lawyer/Agents
We will inform you of these expenses and disbursements as well as any other payments required to be made, as soon as is reasonably practicable and in most cases in advance.
(d) All rates, charges, expenses, etc in this document include GST at the rate of 10% unless otherwise specified.
3. Estimate of your costs
The following estimate is based on the information available to this firm to date. It is an estimate, not a quotation and subject to change.
Option 1
Professional fees $ Approx $750-00 initial and as per previous Communications
Expenses and disbursements $nil
Total (GST inclusive): $as calculated per applicable laws
These estimates are made on the information available at this time and the estimates may change when more information is available to us. The major factors which will affect the estimates are:
(a) Changes to your instructions over the course of your matter;
(b) Changes in the scope and complexity of work necessary to carry out those instructions;
(c) The willingness of other parties to come to terms and the actions they take;
(d) Whether we must undertake legal research on your behalf;
(e) The time it takes to complete your matter;
(f) Other unforeseen circumstances.
4. Accounts, interest charges and contact person
(a) Accounts will be sent to you containing information of professional fees, other charges, disbursements and expenses and GST at monthly intervals, or less frequently by prior arrangement only.
(b) If you fail to pay our accounts, the CSA entitles us to exercise a ‘solicitor’s lien’. The lien allows us to retain all your documents and funds in trust until the account is paid. We may also charge interest at a benchmark rate being the rate prescribed by regulations under the Legal Profession Act 2007 which is, the rate that is equal to the cash rate target, as defined by the regulations to the Act, plus two percentage points as at the date of the bill, (compounding monthly) on any amount that remains unpaid for 7 days after becoming due for payment.
(c) You may contact Alex Tees of GB Legal with any concerns regarding your legal costs.
5. Substantial changes to disclosure
You will be informed, as soon as is reasonably practicable, of any substantial changes to anything contained in this disclosure notice.
6. Engagement of another law practice (e.g. barrister)
You will be informed if we engage another law practice (including a barrister) to provide specialist advice or services on your behalf.
7. Ending arrangements
(a) You may end our engagement by written notice to us at any time however you remain liable for the legal costs up until that time.
(b) We may end our engagement by written notice to you if you:
(i) Do not provide us with adequate instructions
(ii) Refuse to act in accordance with our advice
(iii) Breach the CSA
(iv) Instruct us to act unlawfully or unethically
(v) Fail to co-operate fully in the conduct of your matter
(vi) Indicate that you have lost confidence in us
(vii) Fail to pay any accounts or to provide money to be paid into trust as required under this agreement
(viii) Lose legal capacity to instruct us
(ix) Do not accept any increase in fees advised to you, or
(x) Are informed by us that we have a conflict of interest and can no longer act on your behalf.
(c) If you do not pay monies in accordance with the CSA, this firm may suspend work and may cease acting for you.
8. Costs in court proceedings
(a) If court proceedings are taken on your behalf:
(i) The court may order that you pay another party’s costs (for example, if you lose the case)
(ii) The court may order the other party to pay your costs of the proceedings and, as a general rule, this will not be the whole of the legal costs you are liable to pay us,
(iii) If the court orders you to pay costs, the court ordered costs are payable by you to the other party in addition to the costs liable to be paid pursuant to the proposed CSA
(b) If you are successful in the litigation you might recover some of your fees and costs from the unsuccessful party being an amount between approximately 60% and 70% of the fees and expenses that you pay us.
(c) If you are unsuccessful in the litigation you may be required to pay the successful party’s fees. These may be as much as or more than the fees you paid us, depending upon the successful party’s solicitors charge out rates and, in addition, the outlays they incurred (e.g with respect to experts reports).
(d) If settlement of your claim is being resolved by alternate dispute resolution, prior to any agreement resolving the matter this firm will provide you with a reasonable estimate of its costs payable by you on settlement, a reasonable estimate of the costs you would obtain from the other party on settlement if the settlement is favourable to you or a reasonable estimate of the costs you may have to pay the other party.
9. Acknowledgement
Clients................................................................................................................................................................... acknowledge that we have read and understood the contents of this disclosure notice.
_________________________
Date:_____________________
CLIENT SERVICES AGREEMENT (CSA)
Between: LEGAL EXCHANGE (“us”, “we”, “our”) - Alex Tees
And: Messrs ……………………………………….. identified in
the Emails to you & your Accountant. (as applicable)
1. Disclosure prior to entry into CSA
(a) Before providing legal services to you and before you enter into this Agreement, we are required to disclose certain information under the Legal Profession Act 2007 (Qld).
(b) A disclosure notice was provided to you with this CSA and by signing this CSA you acknowledge receipt of the disclosure notice and confirm you have read and understood the information contained in it and agree that its terms form part of this agreement.
2. Offer and acceptance of CSA
(a) This document is an offer to enter into an agreement with you regarding the legal services to be provided to you. If you accept this offer you will be regarded as having entered into a costs agreement with us. This means you will be bound by the terms and conditions set out in this CSA, including being billed in accordance with it.
(b) Acceptance may be by:
(i) Signing and returning a copy of this document; or
(ii) Giving us instructions after receiving this document; or
(iii) contacting us and advising of your acceptance, AND
(iv) Paying to us the up-front amount requested in the letter of engagement towards anticipated costs and outlays.
(c) Failing to accept this offer within 30 days of the date of the disclosure notice accompanying this CSA may result in the withdrawal of our offer to act on your behalf.
(d) The laws of Queensland will apply to this CSA.
3. Your instructions
(a) Our letter of engagement sets out our instructions as we understand them. You must contact us immediately if we have misunderstood your instructions.
(b) It is also important that you provide us with full and accurate instructions including all necessary documents and information that we request from you.
(c) Where necessary, we will from time to time recommend that you seek the advice of other professionals in fields outside our expertise for example, accountants, surveyors, town planners, financial advisors, insurance brokers, etc.
4. Professional fees
(a) Unless our letter of engagement stipulates a fixed fee for the work we will undertake, our professional fees will be calculated based on the time spent by our professional staff according to their hourly rates. Our current rates are set out in the letter of engagement.
(b) Time charging may result in a higher or lower account than charging on the basis provided for in the relevant court scale (which is enclosed for your information). For some matters such as employment and workplace matters no relevant scale exists as costs are not recoverable from either party in that jurisdiction.
(c) Time spent is recorded in 6-minute units (with time rounded up to the nearest unit of 6 minutes). Time spent can include internal conferences discussing your matter, drafting documents, reviewing documents, attending settlements, meetings and telephone attendances with you and with other parties, travelling and research time.
(d) We may review our hourly rates from time to time and increase them depending on market conditions and other factors. We will provide you with reasonable notice of any fee increase and will not increase our rates more than once in any 12-month period.
(e) All matters are also subject to an additional premium of between 10-30% of the value of the time recorded to your matter, described as “care and consideration” which represents additional time spent researching, preparing and generally attending to your instructions which has not been specifically charged on a time-recorded basis. “Care and consideration” may also reflect the complexity, novelty, or urgency of a particular matter.
(f) If, within 14 days of receiving notice from us that our hourly rates are increasing, you do not notify us that the increases are unacceptable to you, you agree that you will be deemed to have accepted the increased rate and that rate will then apply from the date advised in our letter to you.
(g) If you notify us that the fee increases are unacceptable, you or we may terminate this CSA (see clause 9).
5. Other expenses
(a) In addition to our professional fees, you agree to pay all other expenses properly incurred by us.
(b) These expenses will include costs we incur on your behalf or supply to you including photocopying, receiving facsimiles, sending facsimiles, travel expenses, file opening, and archive retrieval fees.
(c) Other costs incurred on your behalf may include barrister’s fees, courier fees, cost assessor’s fees, consultant’s fees, medical reports, stamp duty, postage, process servers and investigator’s, agents fees including other lawyers, parking and accommodation, witness fees and transfer fees.
(d) Unless otherwise stated, our estimated fees and expenses include GST, to the extent that it is applicable.
6. Accounts
(a) Accounts will be issued monthly unless you and we agree otherwise.
(b) Our accounts will show you the details of the work undertaken, the total cost to you and disbursements.
(c) Our accounts are payable within 7 days of receipt, and, thereafter, we may charge you interest on the outstanding balance at a benchmark rate being the rate prescribed by regulations under the Legal Profession Act 2007 which is, the rate that is equal to the cash rate target, as defined by the regulations to the act, plus two percentage points as at the date of the bill (compounding monthly) until payment is received in full.
(d) Although you may expect to be reimbursed by a third party for our fees and expenses, we do not have any recourse against third parties for that payment. Therefore, you must pay us as set out in this agreement even if payment to you by a third party is delayed or not received.
(e) For litigation matters, if you are successful in your litigation, you might recover some of your fees and costs from the unsuccessful party. It is estimated that the amount recoverable would be between 60% and 75% of the fees and costs that you pay us.
(f) If you are not successful in your litigation, you may be required to pay the successful parties fees and costs. These may be as much as or more than the fees you paid us, depending upon the successful party’s solicitors charge out rates and the outlays they incurred (e.g. with respect to experts reports).
(g) We may ask you for an advance payment on account of future fees and outlays to be incurred in the matter. We may decide not to commence or to continue work until the payment is received. If the amount requested is not paid by the required date, we may terminate this agreement under clause 9.
(h) Where we hold monies in our trust account on your behalf, you authorise us to withdraw and apply those monies to pay our costs and expenses stated in an invoice and any accrued interest. In respect of this matter of any other matter where we act for you and costs and expenses are so owing.
(i) We can retain your money, property and documents until all money due to us has been paid (including after this agreement terminates) to the extent permitted by law. This right is called a “solicitor’s lien” and survives any bankruptcy or liquidation.
7. Conflicts of interest
(a) Upon opening each new file, we undertake internal searches to determine whether we may have a conflict of interest, that is, to determine whether we have acted or are currently acting for the other party to your matter.
(b) If we discover a conflict, we may need to terminate this agreement under clause 9.
(c) You agree that we need not disclose to you any information that we acquire in the course of acting for our other clients (including information contained in conflict searches conducted on behalf of those clients).
8. Engagement of another law practice (e.g. a barrister)
(a) We will inform you and, where practical, take into account your wishes if we engage another law practice to provide specialist advice (e.g. a barrister), expert witness, or other agent to provide services on your behalf. You must pay upon demand all agents, experts or other third party fees that are billed to us. If the advocate, expert, or agent provides us with fee disclosures or the basis of fee calculation, we will pass this information on to you. If we become liable to pay interest on any third party’s fees as a consequence of delay on your part, we will pass that charge on to you.
(b) As a matter of public policy, the law provides immunity from suit in relation to advocacy. Nothing in this agreement affects an advocate’s immunity from suit in relation to any advocacy conducted on your behalf.
9. Termination of this agreement
(a) You may terminate this agreement at any time and for any reason by giving us written notice.
(b) We may terminate this agreement by giving you written notice for just cause or if you:
(i) Do not provide us with adequate instructions
(ii) Refuse to act in accordance with our advice
(iii) Breach this agreement
(iv) Instruct us to act unlawfully or unethically
(v) Fail to co-operate fully in the conduct of your matter
(vi) Indicate that you have lost confidence in us
(vii) Fail to pay any accounts or to provide money to be paid into trust as required under this Agreement in relation to this matter or any other matters we are conducting on your behalf
(viii) Lose legal capacity to instruct us
(ix) Do not accept any increase in fees advised to you
(x) Are informed by us that we have a conflict of interest and can no longer act on your behalf.
(c) We will give you written notice of our intention to terminate this Agreement.
(d) Upon termination of this CSA for any reason we are entitled to payment of all outstanding fees and costs up to the termination and any interest accrued and to a solicitor’s lien (described above) on all documents and trust money will there is money owing to us after the CSA is terminated.
10. Retention of your documents
(a) We will, on completion of your matter, retain any papers to which you are entitled, but choose to leave in our possession (except documents deposited in safe custody) for no more than 7 years and on the basis that we have your authority to destroy the file 7 years after the date of our final account is rendered to you in the relevant matter.
11. Privacy and direct marketing
(a) Personal information about you is protected under the Privacy Amendment (Private Sector) Act 2000. Disclosure of such information may be compelled by law (e.g. under the Social Security Act). You authorise us to collect information about you and to disclose that information to others if necessary in furtherance of your matter (e.g. within the law practice, to the court, the other party to any litigation, to barristers etc).
(b) You consent to our use of your contact details to maintain a professional relationship with you and to provide legal updates and other information that we think may be of interest to you by telephone, facsimile, email, or direct mail. You may ask us not to send direct marketing materials by contacting us on 07 4031 7411 or by email at alex.tees@grubersbeckett.com.au
12. Complaints
(a) Please raise any concern or problem with the lawyer handling your matter. If your concern is not resolved at that level, you should immediately direct the complaint to the senior partner.
(b) If we are unable to resolve your complaint, you may obtain the assistance of the Queensland Law Society on telephone (07) 3842 5888.
13. Trust account authority
(a) In accordance with the requirements of section 249(1)(b) of the Legal Profession Act 2007, you authorise G B Legal Lawyers/GB Lawyer Services to transfer from our trust account to our general account or to any other trust account (held on your behalf), any monies relating to professional fees, statutory charges, and other outlays incurred on your behalf in relation to the file the subject of this CSA, or any other matter where we act on your behalf.
14. Acknowledgement & agreement
acknowledge that have read and understood the contents of this CSA and agree to its terms.
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AUTHORITY AND INSTRUCTION
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Liability is limited by a Scheme approved under the Professional Standards Legislation.
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ASSOCIATED IMMIGRATION AND "Transmigration Services"
Representatives in Thailand , Manila Phillipines, India , Hanoi , Tehran & Dubai
www.legalexchange.com.au /Alex Tees, is also available as a Lawyer practicing in Australian Immigration Law in respect of all Immigration and Legal Matters .
We provide a comprehensive range of Australian visa and immigration services, including Student, Business, Skilled Migration and standard form visa applications through to applications in the Federal and High Courts.
Dealing with ever changing intricacies of Australian Immigration Law requires experience, knowledge and expertise. It can be a confusing task to try to work out which Australian visa you should apply for and whether you will satisfy the relevant visa criteria.
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IMMIGRATION - Skill Select | Australian Immigration
The new Skill Select program, commences on 1 July 2012, and consists of an electronic skilled migrant selection register that will use the new Points Test system to streamline the selection of the best and brightest skilled migrants from a pool of prospective migrants who have registered on the database.
The Skill Select program will be based on a two-step electronic process in which possible migrants must first (1) submit an Expression of Interest ( EOI) to work in Australia, and are then invited by the Australian Department of Immigration and Citizenship ( DIAC) to (2) submit a Skilled Migration Visa application if their skills and attributes match Australia’s needs.
It is very important that Applicants make sure that only true and accurate information is put into the DIAC Web site application form and that they first talk and consult with a Migration Lawyer in Australia before submitting any information. If you don’t do this your Visa Application may end up being rejected and all Visa Applications are determined on the basis of information current at the time of the actual Visa Application.
Employers will also be able to access the Skill Select database. This will allow them to match with and contact possible migrants who are suitable to fill vacant positions in their businesses. The Skill Select database will also make it clear which prospective migrants have expressed an interest in living and working in regional Australia.
To Find out more about the Skill Select program please telephone us 612 9281 3230/ Cell/Mobile 61 409813622 Skype alextees
THAILAND Call Senior Legal Executive Mick James 669 288 44170 email Mick.james@me.com SKYPE "alextees"
AUSTRALIA CONTACT :
AUSTRALIA : Mr Alex Tees 0409813622 61 8313 8507 skype "alextees" Email admin@legalexchangelawyers.com
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Migration To Australia | Overview of Procedure
The Australian Commonwealth (Federal) Department of HOME AFFAIRS Immigration and Citizenship Division oversees the arrival and settlement of migrants to Australia. Australian immigration is controlled by the Migration Act 1958 and associated Regulations.
Business Visas To Permanent Residency
The subclass Temporary Business visas ( - Long Stay) may be used create a way to get permanent residency in Australia, through both the Employment Nomination Scheme (ENS) and the Regional Sponsored Migration Scheme (RSMS).
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HAVE YOU LODGED A MIGRATION APPLICATION TO AUSTRALIA ?
Have you lodged an immigration application? Has it been decided? What are your chances of success? How do you know?
Who prepared the application? Did it yourself?
Then you had better pay to have it checked out by the experts (us) before the Department of Immigration makes a decision!
Because there are only two possibilities:
1. Your application is very unlikely to succeed because you do not fit the criteria or you have not provided enough documentation.
We have a client at the moment who is on the wrong track (advice from friends) but luckily has enough time on his existing visa for us to withdraw the application and then prepare the right one for him.
But it has been a costly experience for him in both money and emotional strain.
2. With some quick work from us it may be possible to strengthen your application by providing additional documentation, and by negotiating extra time to provide it. Which we have also done for many clients who have come to us in a panic at the last minute.
Will it cost money? Of course, but not nearly as much as it will cost if the application is refused and Permanent Residence in Australia is still your goal!
Because if your visa application is refused, what can you do?
Firstly you should consult me as soon as you get the refusal to see which of the following three scenarios fit your situation:
1. There is a real possibility of winning an appeal to the Migration Review Tribunal; where I have a strong record of success, OR
2. There is only a very slight possibility of winning an appeal, but the time gained by appealing could mean that with our expert guidance you could prepare another strategy to remain in Australia, or at least to return without too much delay; or
3. There is no real possibility of appealing to the MRT successfully, there are no other visa options for you, so unless there is a good reason for delay, you would be better off to finalise things here, go home, forget Australia and start the rest of your life.
We will not hesitate to tell you if we believe that to be in your best interests.
But you are not going to know which of these applies in your case unless you get advice from us. Everybody you know or talk to will have an opinion, of course, but it may well have been their advice which got you the refusal in the first place!
You see, the Migration Review Tribunal is bound by exactly the same visa rules and regulations as the Department of Immigration and Border Protection. The Tribunal may decide that the case officer did not give appropriate weight to some of the evidence and so arrive at a different decision, or that the further evidence provided to the Tribunal leads to a more favourable decision, but it must decide according to the same criteria.
Only people who fall into categories 1. or 2. are acceptable to me as clients. Appealing for the sake of it has no appeal for me!
And of course, when you take into account the Tribunal lodgement fee and the cost of having proper preparation of your case and then being represented at the Tribunal, it is not a cheap process.
So if you have had a visa application refused recently (remember, you usually only have 21 days to lodge an appeal if you are in Australia) then ring Legal Executive Mick James 669 288 44170 email Mick.james@me.com in SE ASIA OR 612 9281 3230/0409813622 FOR Alex Tees IN SYDNEY AUSTRALIA Skype "alextees" email admin@legalexchangelawyers.com to make a time to consult me as to which of the three categories you are in!