Costs Agreement

 

 

NB Employment Law Pty Ltd (ABN 87 128 472 695)

1. Offer to provide legal services

1.1. The Client acknowledges it has received a copy of the Disclosure Document with this Agreement in accordance with the Act. By signing this Agreement, the Client acknowledges it has read the Disclosure Document.

1.2. The offer to undertake the Services is on the basis of the terms contained in the Costs Agreement, the Estimate and the Disclosure Document (Offer).

 

2. Acceptance of Offer

2.1. The Offer may be accepted by the Client in any of the following ways:

(a) by signing and returning a copy of this Agreement;

(b) contacting the Law Practice and advising of acceptance; or

(c) by conduct, such as giving instructions to the Law Practice to proceed after receiving this Agreement.

2.2. Failure to accept the Offer within seven (7) days, or such earlier date stipulated by the Law Practice in writing in the case of urgent matters, may result in the withdrawal of the Offer without further notice.

 

3. Authority to act

3.1. If you, the signatory, purport to act on behalf of the Client in providing us with instructions, then you warrant that you have the express authority and power to represent such other person or entity.

 

4. Trust deposit/retainer

4.1. The Law Practice may require the Client to pay part or all of the Estimate of fees to the Trust Account prior to commencement of the Services (Trust Deposit) in anticipation of legal costs and outlays.

4.2. If the Law Practice requests a Trust Deposit prior to commencement of Services, the Law Practice is not required to commence provision of the Services until the Trust Deposit is received in cleared funds.

4.3. In addition, the Client’s matter and service requirements may develop over time. The Law Practice may request from time-to-time additional Trust Deposits to cover further work or stages. If the Law Practices requests payment of a further Trust Deposit, the Law Practice is not required to continue providing legal services until the requested Trust Deposit is paid in cleared funds.

 

5. Professional Fees, disbursements and outlays

5.1. The Law Practice’s estimated professional fees (Estimate) for Services is stated in the Scope of Legal Services, which forms part of this Agreement.  Unless expressly stipulated as a “fixed fee” matter, the Estimate is an estimate only and the matter will be charged at hourly rates based on actual time spent providing the Services. The Law Practice will act reasonably and in good faith when providing Estimates. The Law Practice may update its Estimate from time to time.

5.2. Time incurred providing the Services will be charged to the Client in 6-minute intervals.

5.3. The Law Practice’s professional fees are charged at rates stipulated in the Disclosure Document.

5.4. Disbursements, outlays, sundries and other expenses are sums of money that the Law Practice pays to third parties on the Client’s behalf in connection with the Client’s matter. These expenses will be charged at cost. These may include, without limitation:

(a) Government fees and charges;

(b) Property, company and other legal search fees;

(c) Document lodgment fees;

(d) Transfer duty, and other government or regulatory body revenue charges and taxes;

(e) Transaction fees;

(f)  Sundries;

(g) Process servers;

(h) Barristers and third-party legal practices;

(i) Travel expenses and accommodation costs;

(j) External consultants; and

(k) Witness expenses.

 

6. Billing and interest charges

6.1. Accounts will be issued to the Client from to time to time during the course of the matter at intervals reasonably determined by the Law Practice.

6.2. Accounts are payable within seven (7) days of the date of issue.

6.3. If an Account remains unpaid thirty (30) days from the date of issue the Law Practice may charge interest on the unpaid amount at the prescribed rate as that term is defined in the Part 3.4 of the Regulations.

6.4. For the purpose of this clause 6, the date of issue of the Account is the earlier of:

(a) if emailed - the day the Account is emailed to the Client;

(b) if hand delivered - the day the Account is hand delivered to the Client personally; and

(c) if posted - four (4) days after the Account is posted to the Client.

6.5. If an Account is not paid by the due date for payment, the Law Practice is entitled to terminate this Agreement, cease providing Services and exercise a solicitor’s lien in respect of the file. The solicitor’s lien enables the Law Practice to retain all documents and funds in trust until the Law Practice’s Account is paid.

 

7. Electronic tax invoice authority

7.1. The Client authorises the Law Practice to send all Accounts, receipts, and other documentation in relation to all matters electronically to the Client’s nominated email address.

 

8. Trust account authority

8.1. Subject only to any stipulate requirements under the Act and Regulation, the Client authorises the Law Practice to make payment from and draw upon all monies held on its behalf in the Trust Account towards payment of the Client Accounts, outstanding fees, disbursements, outlays and third party costs incurred in respect of all matters in which the Law Practice acts on behalf of the Client.

 

9.  Security

9.1. The Client hereby charges in favour of the Client all real and personal property of any form, and the proceeds of any litigation dispute, or transaction which the firm undertakes or conducts on the Client’s behalf, all sums owing, or which may become owning to the Law Practice.

9.2. The Client irrevocably authorises the Law Practice to receive and direct payment to its Trust Account the proceeds of:

(a) any litigation or dispute which the firm undertakes or conducts on the Client’s behalf; and

(b) any settlement, compromise or agreement in respect of which the Law Practice acts for the Client.

 

10. Qualified advice

10.1. The Law Practice will provide the Services with appropriate due care and professional skill.

10.2. From time to time the Law Practice will give the Client advice and recommendations in accordance with the Services. All advice and recommendations will be contingent on the accuracy of:

(a) the Client’s instructions;

(b) the documentations and information provided, or omitted, by the Client; and

(c) the assumptions or qualifications described in the Law Practice’s advice.

10.3. To the extent permitted by law, the Law Practice will not be liable for any part of its advice that is conditional upon the information, documents, instructions and stated assumptions or qualifications where such information is incorrect or inaccurate.

 

11. Termination

11.1.  Except where clause 12 applies (Legal Services Packages) the Client may terminate our engagement at any time by giving reasonable written notice to the Law Practice.

11.2. The Law Practice may by notice to the Client suspend or terminate this Agreement if:

(a) the Client does not pay any monies owing under this Agreement when due;

(b) the Client fails to pay any monies to the Trust Account within the timeframe requested by the Law Practice;

(c) The Client provides the Law Practice with deliberately false or misleading instructions;

(d) The Client asks the Law Practice to act unethically;

(e) The Client engages a different law practice with respect to the Client’s matter or part of it without the Law Practice’s prior consent;

(f) The Client fails to provide the Law Practice with instructions in a prompt and timely manner without reasonable explanation for delay;

(g) The Client refuses to accept an offer to settle a dispute or litigation matter against the advice of the Law Practice;

(h) The Law Practice reasonably determines that it may have a conflict of interest and cannot continue to act in the matter.

11.3. The Client must pay all, legal costs, disbursements and outlays incurred up to the date of termination.

 

12. Legal Services Package Clients/Swift Package Clients

12.1. This clause 12 applies only where the Client has elected to enter into a Legal Services Package or Swift Package except the Lawyers at your Call Package, and only in respect of such Legal Services Package and Swift Package.

12.2. The term of a Legal Services Package/Swift Package will be for a period of twelve (12) months unless otherwise stated in writing (Term).

12.3.  The Client will be entitled to receive legal services from us throughout the Term for up to the number of hours associated with your chosen package as stipulated on the document titled “Legal Services Package” or elsewhere in the Agreement. Unless otherwise agreed from time to time by the Law Practice, the allocated hours will be spread reasonably across the Term, having regard to the reasonable requirements of the Client, and the capacity of the Law Practice.

12.4. The Client will be required to pay a fixed monthly Fee stipulated in 'Estimated Costs & Basis of Calculation' section of the Legal Services Package/Swift Package proposal, or elsewhere in the Agreement, for the Term beginning on the date you execute this Agreement and monthly thereafter.

12.5. The Client expressly acknowledges and agrees that the Legal Services Package/Swift Package does not include:

(a) preparation for or representation in tribunal or court proceedings (including drafting court documents, briefing Counsel, affidavits and submissions);

(b) legal advice and services beyond the ambit of the Law Group’s expertise, or in respect of jurisdictions in which the Law Group does not practice; or

(c) Disbursements and outlays of any kind.

12.6. Disbursements and outlays will be charged in addition to the monthly fee.

12.7.  Subject to clause 12.8, the Client may terminate a Legal Services Package/ Swift Package by providing one (1) month’s written notice. If the Client has not terminated the legal services package by the end of the Term, the Legal Services Package will continue on a month to month basis until terminated or novated. While the Legal Services Package continues on a month to month basis, the Client will be allocated additional hours per month equal to one twelfth of the allocated hours for the full Term.

12.8.  If the Client terminates the Agreement prior to the end of the Term, the Client must pay the Law Practice the lesser of:

(a) the difference between:

i. the actual legal service hours provided under the Legal Services Package/ Swift Package up to the termination date at the full ordinary hourly rates stated in the Disclosure Document; and

ii. the Fees paid for the current Term up to the date of termination, or

(b) the balance of unpaid Fees for the remainder of the full Term.

12.9.  At or about the end of the Term, the Law Practice may issue the Client a Renewal Notification. The Renewal Notification will set out the proposed terms of renewal of the Legal Services Package for an additional term. A Renewal Notification:

(a) will stipulate the length of the new term (not exceeding twelve months);

(b) the proposed new monthly Fee for the new term;

(c) the proposed number of legal services hours for the new term;

(d) the proposed commencement date for the new Term;

(e)  may not necessarily be titled “renewal notification”; and

(f) must stipulate that the Client notify the Law Practice within one (1) month if it accepts the Renewal Notification.

12.10. If the Client, within one (1) month of the Renewal Notification, either expressly or through its conduct accepts a Renewal Notification the Legal Services Package/Swift Package will be renewed for the term, hours and fee stated in the Renewal Notification, and in which case this clause 12 shall apply to the renewed package.

12.11. The monthly fee will be calculated and charged on a pro rata basis for any incomplete part of a calendar month during the Term or any holding over of the Term under clause 12.7.

 

13. Lawyers at your Call Package

13.1. This clause 13 applies only where the Client has elected to enter into a Lawyers at your Call Package and only in respect of such Lawyers at your Call Package.

13.2. Lawyers at your Call Package is a monthly subscription at either a gold, silver, or bronze level. The gold package allows the Client to access up to three (3) legal hours per month, the silver package allows the Client to access up to two (2) legal hours per month and the bronze package allows the Client up to one (1) legal hour per month.

13.3. There is no locked-in contract for the Lawyers at your Call Package and any unused hours from the previous month will accumulate until the subscription to the Lawyers at your Call Package is terminated.

13.4. The Client may terminate a Lawyers at your Call Package at any time during a monthly cycle. The termination of the Lawyers at your Call Package will take effect at the end of that cycle.

13.5. The Client expressly acknowledges and agrees that the Lawyers at your Call Package does not include:

(a) preparation for or representation in tribunal or court proceedings (including drafting court documents, briefing Counsel, affidavits and submissions);

(b) legal advice and services beyond the ambit of the Law Practice’s expertise, or in respect of jurisdictions in which the Law Practice does not practice; or

(c) Disbursements and outlays of any kind.

13.6. Disbursements and outlays will be charged in addition to the monthly subscription fee.

 

14. Privacy and Confidentiality

14.1.  The Client authorises the Law Practice to disclose information (including personal information) about the Client:

(a) to the extent compelled by law;

(b) to others where necessary to further the Client’s matter in the Client’s interests.

(c) to other members of the Law Group for the purpose of assisting the Client with other areas of law and marketing legal services within the Law Group.

14.2.  The Law Practice is part of a Law Group of associated legal practices which have expertise in specific fields of legal service. Confidentiality of the Client’s documents, personal information and matter information is an imperative of the Law Practice and the Law Group as a whole. A copy of the Law Practice’s Privacy Statement will be provided on request at any time.

14.3. The Client authorises the Law Practice to grant access:

(a) to matter files

(b) to Client information; and

(c)  to Client documents,

to other legal practices in the Law Group but only for the following specific purposes:

(d) providing legal services to the Client pursuant to a client agreement with the Law Practice or another legal practice within the Law Group;

(e) assessing the Client’s legal service requirements;

(f)  furthering the Client’s interests in respect of the Client’s matter or to enhance legal advice;

(g) communicating other services which may be provided the Law Group; and/or

(h) providing the Client with marketing or promotional information about the Law Group.

 

15. Documents

15.1. The Law Practice maintains its primary file record in electronic format. The Law Practice may from time to time maintain a secondary hard copy file.

15.2. The Client consents to the Law Practice destroying any hard copy file upon file closing/archiving provided that there is a complete electronic copy of the file.

15.3. Original documents in the Law Practice’s possession at the time of closing/archiving the file will be:

(a) returned to the Client; or

(b) if agreed by the Law Practice, placed into the Law Practice’s safe custody system.

15.4. The Client consents to the electronic primary file record being destroyed after seven (7) years from the date of file closing/archiving.

 

16. GST

16.1.  Except to the extents expressly stated otherwise, all taxable supplies made in connection with this Agreement do not include GST.

16.2.  If a party makes a taxable supply to the other in connection with this Agreement, the recipient of the supply must pay the supplier an amount equal to any GST for which the supplier is liable on the supply.

 

17. Cyber Alert

17.1. The Client acknowledges the Cyber Alert annexed to this Agreement.

 

18. General

18.1. This Agreement shall be governed by and construed in accordance with the laws of Queensland, Australia and the Client agrees to submit to the exclusive jurisdiction of the Courts of Queensland.

18.2.  This Agreement will not be interpreted or construed to the disadvantage of the Law Practice because the Law Practice is responsible for the preparation of this Agreement. The Client acknowledges that it has had an opportunity to seek independent legal advice on this Agreement.

18.3. The Client may not assign its rights under this Agreement without the prior written consent of the Law Practice.

18.4. The Law Practice may assign its benefits and obligations under this Agreement without the consent of the Client, provided that the Client is given reasonable advance notice of such proposed assignment.

18.5. This Agreement constitutes the entirety of the Agreement between the parties.

18.6. In the event any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, that provision is deemed deleted and does not affect the validity or enforceability of the remaining provisions.

18.7. This Agreement may be executed in any number of counterparts each of one of which, once all counterparts are executed and delivered, constitute an original of this agreement.

18.8. This Agreement may be executed electronically or by exchange of scanned counterparts in any matter agreed by the Law Practice.

18.9.  A failure by any party to give notice or take action to enforce its rights does not constitute a waiver of rights or remedies under this Agreement. A party may only waive their rights by giving notice of the waiver to the other party.

 

19. Definitions

19.1. In this Agreement:

(a) Account means a bill of costs, invoice or account issued to the Client by the Law Practice as a consequence of the Law Practice providing Services to the Client.

(b) Act means Legal Profession Act 2007 (Qld).

(c) Agreement means this client agreement, including:

i.  Costs Agreement;

ii. Disclosure Document;

iii. The Scope of Legal Services; and

iv.  Any other document prepared by the Law Practice and annexed hereto.

(d) Client means you the client to whom this Client Agrement is addressed.

(e) Costs Agreement means this Costs Agreement entered into between the Law Practice and the Client.

(f) Cyber Alert means the Cyber Alert which the Client acknowledges at clause 17.

(g) Disclosure Document means the Disclosure Document forming part of this Agreement.

(h) Estimate means the estimate of fees set out in the Scope of Legal Services, which is an estimate subject to change as further information or instructions are received.

(i) Excluded Services means:

i.  those services identified as Excluded Services in the Client Agreement Schedule; and

ii. any legal or other services not expressly stipulated as Services in the Scope of Services Legal Services.

(j) Law Group means each of the following legal practices as may be registered for the time being:

i.    NB Employment Law;

ii.   NB Commercial Law;

iii.  NB Migration Law;

iv.  NB Property Law; and

v.   NoBorders Law Group.

(k)  Lawyers at your Call Package means an economy legal service option in which the Client agrees to pay a monthly retainer for Gold, Silver and Bronze service levels correspondence to a fixed number of legal services hours each month.

(l) Legal Services Package means a legal service option in which the Client agrees to pay a fixed monthly retainer for legal services for a minimum term. This includes but is not limited to any legal services packages, premium legal services packages and Swift Packages.

(m) Law Practice means NB Employment Law Pty Ltd ACN 128 472 695, an incorporated legal practice.

(n) Regulations means Legal Profession Regulation 2007 (Qld) as amended from time to time.

(o) Scope of Legal Services means the section of this Client Agreement which identifies the proposed scope of works and fee estimates.

(p) Services means the legal services set out in the Scope of Legal Services.

(q) Swift Package/s means a Legal Services Package.

(r) Trust Account means the NB Employment Law Pty Ltd Law Practice Trust Account.