Terms of Use – Chamberlains. Subscribe.

Requested Legal Services

Lite

$500*

·       3 free consultation calls per month

·       10% discount on all other fixed fee legal work

·       1 free Trade Mark review

·       1 free Will

Premium

$1500*

The Lite Package with the addition of:

·       A total of 5 free phone consultations per month

·       Free quarterly employment health check (by phone or in person) to review your company requirements and documents.

·       1 free employment contract template, drafted to your requirements

·       1 free workplace policy, drafted to your requirements

Platinum

$2200*

The Lite & Premium Package with the addition of:

·       Unlimited phone consultations

·       2 additional free fixed fee consultations**

·       Further reduced fees on all other legal work ***

·       Complimentary invitations to all Chamberlains events (online and offline)

 

All Chamberlains Subscription packages require a minimum 12-month sign-up. Specific terms and conditions apply, sign up for more information.
*Not inclusive of GST.
**One hour in person or video conference consultation with a Special Counsel, Director or Associate Director heading up any area of your preference.
***25% discount off standard fees.

Person Responsible

Stipe Vuleta will be your relationship and accounts contact with the assistance of Katey Bartulovic. If at any time you have queries or would like to discuss the carriage of your matters or our professional fees please don’t hesitate to contact Stipe Vuleta.

 

Fees

Fees for our work within the scope of the Requested Legal Services referred to above will be determined and payable as follows:

1.     The monthly fee payable by you is determined by reference to the Requested Legal Services package you have selected, namely:

a.     $500.00 per month for the Lite package;

b.     $1,500.00 per month for the Premium package; or

c.     $2,200.00 per month for the Platinum package;

and

2.     Any and all additional work performed on your matter(s) outside of the scope of the Requested Legal Services package that you have selected within your subscription period will be charged at the discounted rate of $310 per hour plus GST and disbursements regardless of which staff member performs that work and will be billed quarterly.

We will notify you if any of the works being performed by us are additional works.

Consequently, we will not provide specific quotes for any item of work unless:

i. We believe that, due to the scope of the works, it is appropriate for us to do so; or

ii. You specifically request that a quote be provided.

You agree that the retainer terms included in this “Fees” section of the Matter Details are incorporated into this agreement for the avoidance of any doubt and should be read in conjunction with the remainder of our standard terms.However, should there be any conflict in these retainer terms and any other terms in the Costs Disclosure and Legal Services Agreement, the retainer terms prevail.

 

Next Steps

By signing up for Chamberlains.Subscribe, you agree to the terms of this Agreement.

This document is an offer by Chamberlains Law Firm Pty Ltd ACN 120 287 443 (Chamberlains) to enter into a costs agreement pursuant to the details above, and the terms set out hereunder, with the Client specified above in relation to the provision of legal services.

The Client may accept this offer (including through any person purporting to act on behalf of the Client) by confirming in writing or orally that it accepts this offer, or by providing instructions to Chamberlains in relation to legal work following receipt of this document.

By signing up for Chamberlains.Subscribe, I acknowledge that I have read, understood, and agree to be legally bound by this agreement.

 

Effect

This Agreement applies to all legal services we provide to the Client.

In this Agreement:

We, our, us, etc means Chamberlains Law Firm Pty Ltd ACN 120 287 443 (whether capitalised or not).

Client means the person or people, entity or entities, that request our services, and to whom we will be providing the Legal Services (as specified in the Matter Details form, or otherwise confirmed in writing between you and us).

You, your, etc means (whether capitalised or not):

  • if the Client is a natural person or persons, then the Client and each individual comprising the Client; or
  • if the Client is a company, trustee, association, or any other entity that is not a natural person, then ‘you’ means you personally, as the director, partner, secretary, officer, agent or holding any other position, and acting on behalf of the Client (including, but not limited to, the person listed as the contact person in the Matter Details form, if any).

 

If you are acting on behalf of an entity that is not an individual:

  • you represent and warrant to us that you have the authority and power to act, give instructions, and receive correspondence, on behalf of the Client; and
  • while we will act on instructions given by you (on behalf of the Client), we will be acting for the Client, only, and not you personally (unless we expressly agree otherwise).

The law of the Australian Capital Territory applies to the terms of this Agreement.

 

The Legal Services

For each matter, we will confirm the scope of your instructions and the outcome you wish to achieve (in relation to the Client, if you are not personally the Client) (‘the Legal Services’).

We will tell you which of our practitioners will be primarily responsible and/or supervising the provision of the Legal Services.

However, due to changing work loads of our personnel, we may, at our discretion, change which practitioner will be performing the Legal Services. If we do so, we will tell you in writing.

 

How We Estimate Fees

For each matter we will provide an estimate of our fees (including on a fixed fee basis, if applicable).

When providing you a quote or estimate, we calculate our fees on hourly rates as follows:

Standard Rates:

Practitioner Rate/hr

EXCLUDING GST

Directors $550
Associate Directors $450
Senior Associates $400
Associates $380
Senior Lawyers $350
Lawyers $300
Graduates $260
Consultants $280
Paralegals $160
Administration $120

 

Across all matters this tends to result in an average of $325/hr exclusive of GST.

The following rates will apply to speculative matters. These rates will only apply if we have specifically advised you that your matter is being undertaken on a speculative basis:

 

Speculative Rates:

Practitioner Rate/hr

EXCLUDING GST

Directors $900
Associate Directors $780
Senior Associates $650
Associates $585
Senior Lawyers $570
Lawyers $525
Graduates $390
Consultants $420
Paralegals $240
Administration $180

 

If the Client’s matter is charged on a time costed basis (or to the extent it is charged on a time costed basis), we will calculate our fees based on the then currently hourly rates, as contained in the above schedules and the actual time that each practitioner spends on that matter (plus GST and any third-party expenses or disbursements).

We reserve our right to amend our hourly rates from time to time.

The Client’s matter will be charged on a time costed basis except to the extent we have agreed that the Client’s matter will be charged at a fixed fee.

Fixed Fees

We may, but without the obligation to do so, provide a fixed fee quote for the Legal Services we are to provide to the Client, especially if the work is wholly within our control.

If we provide a fixed fee quote, and you accept that quote (in the same way, and at the same time, as you accept this Agreement), then our fees will be that fixed fee unless the scope of the Legal Services changes or we are required to do additional work.

Where the scope of a fixed fee matter changes, or we are required to do additional work, we will charge the Client on a time costed basis, unless we agree to perform the amended or additional Legal Services on a fixed fee basis (plus GST and any third party expenses or disbursements).

Estate planning matters include one meeting to sign and execute the estate planning documents. Any subsequent reviews/signings will be charged at the responsible solicitor’s hourly rate.

 

Variation of Quotes

We will seek your approval before doing any additional work which would attract fees in addition to an initial fixed fee quoted by us.

Many things beyond our control can make a matter more complicated, including:

  • Facts or issues not known or knowable at the start;
  • How other parties behave or respond, especially in contentious dispute resolution or commercial negotiations;
  • Changes to the scope of the Legal Services or work generally.

We will tell you as soon as possible if we need to revise our quote or estimate, or if there is additional work to be done that is outside the scope of the Legal Services.

Our commitment is to ensure that you remain in control of the Client’s expenditure on legal services.

If the Legal Services continues to later financial years, we reserve the right to revise our hourly rates without notice to you.

 

Litigious Matters

If the Legal Services involve us acting for the Client in a litigious matter, we will provide you with:

  • an estimate or potential range of legal costs recoverable from the other side if the Client is successful;
  • an estimate or potential range of legal costs the Client may have to pay to the other side if the Client is unsuccessful.

We may update our estimates given above from time to time as the Client’s matter progresses.

Costs Payable in Court Proceedings

In litigious matters it is not uncommon that at the conclusion of a hearing the Court or Tribunal will order one party pay the legal costs of the other party.

This order will not ordinarily cover the entire amount of the legal costs incurred in litigation.  As a general rule, an award of costs by the Court will usually only cover between 60%- 70% of the costs actually incurred.

Should you receive a costs order in your favour, and that costs order is less than the full amount of our fees charged to you, you are still liable for the full amount of our fees in accordance with this agreement.

You expressly acknowledge that you are liable to pay all of our fees, in full and on the date they fall due, notwithstanding any costs order awarded in your favour.  You have no right of set-off for any costs order awarded to you against our fees.

If the Court orders you pay the legal costs of the other party, you will still be required to pay our costs in full.

Should you receive a costs order in your favour, you will be responsible for the payment of all fees we have incurred to date, including any work in progress or disbursements as yet unbilled.  You will also be responsible for any fees we incur as a result of work performed on your behalf to enforce the costs order.

You irrevocably direct us to receive any costs orders made in your favour into our trust account.

 

Admin Charge

We do not ordinarily charge things that law firms usually charge for such as per page photocopying, faxes, phone charges, postage, or reporting to you.  However, we reserve the right to do so in individual cases where the cost is significant.

Where, in the course of your matter, we incur administrative costs, rather than a per page or per call cost, we reserve the right to recover them from you on the following fixed fee basis:

File Opening: $50 per file

Establishment of trust account and automated document processing: $50 per occurrence

Monthly administrative charge inclusive of all telephone calls, postage and other expenses: $60 per month

Express Postage: $10 per item

Brief or Document Delivery charges: $50.00

Cloud Hosting/Dropbox: $10 per occurrence

 

Counsel & Other Agents

Sometimes we may need to engage another law firm or other specialists, such as counsel, accountants, or expert witnesses to help perform the Legal Services.

We will not do so without your express instructions and without you understanding and approving the terms of their engagement.

The Client will be responsible for the payment of other law firms or specialists that we engage to help perform the Legal Services.

 

Keeping You up to Date

We will regularly update you on the Client’s matter. In addition, you may request further written progress reports at any time.

At any time you reasonably request, we must give you a statement of fees incurred since the last invoice, free of charge.

We will tell you if there is any substantial change to your matter or the terms of our engagement.

 

Your Rights

It is your right to:

  • negotiate this costs agreement with us;
  • negotiate the method of billing (e.g. time based or task based);
  • seek the assistance of the designated local regulatory authority in the event of a dispute about legal costs;
  • be notified as soon as is reasonably practicable of any substantial change to any matter affected the legal costs you will incur;
  • accept or reject any offer we make for an interstate costs law to apply to your matter; and
  • notify us that you require an interstate costs law to apply to your matter.

If you request an itemised bill and the total amount of 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:

  • when the lump sum bill was given, you were informed in writing that the total amount of legal costs specified in any itemised bill may be higher than the amount specified in the lump sum bill; and
  • the costs are determined to be payable after a costs assessment or binding determination under the relevant legislation.

Noting in these terms affects your rights under the Australian Consumer Law.

 

Invoices

You are entitled to receive invoices or bills for our fees in relation to the Legal Services.

We will send you summary invoices for work done twice per month (one at the middle of a month, and another at the end), or at other times as agreed with you.

We will charge for expenses payable, or paid to third parties, such as ASIC or land titles search or registration fees, court filing fees, couriers, counsel’s fees, as they arise.

We will charge interest on overdue invoices from the date that such invoices are due, and until they are paid in full, at the post judgment interest rate in the ACT Supreme Court, prescribed by Schedule 2, Part 2.2, Table 2.3, of the Court Procedure Rules 2006 (ACT).

For accounts of more than $1,500 (excluding GST and expenses) you may ask for an itemised account at any time, free of charge.

For accounts of less than $1,500 (excluding GST and expenses), you may request an itemised account but the provision of it will be at our discretion.

The Client must pay us the applicable amount of GST on any amounts payable pursuant to this Agreement, or in relation to us providing legal services, at the same time that the underlying payments to which GST is applicable becomes due.

 

Payment & Late Payment

The Client must pay our invoices within 14 days, unless otherwise agreed by us.

Ordinarily, we will stop work on all the Client’s or your matters if any account is outstanding for more than 30 days in relation to any one or more matters.

In our experience, late payment is a sign either that you are unhappy with our work, or it is costing more than you can afford. Either situation is a problem we want to avoid.

Subject to any ethical restrictions we may have, we may terminate our retainer immediately by written notice to you if you repeatedly fail to pay our accounts on time.

 

Authority to Receive, Apply and Transfer Money from Trust

You irrevocably authorise us to receive any judgement, settlement or other money payable to or by you (or to or by any related entity) and to deposit those funds into our trust account.

This authority includes the right to direct the manner in which funds are disbursed or received in any matter.

You further irrevocably authorise us to apply any funds received (including funds received into trust) in payment of any account rendered to you which is outstanding.

This clause is intended to act as an “all monies” clause.  You are irrevocably authorising us to apply funds as intended by this clause to any outstanding account in any matter we may act for you upon, regardless of whether the matter with the outstanding account is the matter in which the funds were received.

 

Lien

As security for the payment of our fees and any amounts payable by the client pursuant to the terms of this agreement, we may retain, by way of lien, any funds (including money held in trust), property or documents received from you or the Client, or in relation to any of the Client’s matters or the Legal Services, other than executed Wills or other testamentary documents, that are in our possession or control.

Our lien over such funds, property or documents until all our fees, in relation to any of the Client’s matters, have been paid in full, and even after we cease to act for the Client.

If the Client obtains any order in court proceedings (where another party is required to pay the Client any money), and any of our fees remain overdue for more than 30 days, the Client irrevocably assigns to us its right and interest in any such order.

We may enforce such court order, and apply any proceeds of such court order to the payment of our outstanding fees.

This does not:

  • extinguish the Client’s obligation to pay our fees in full;
  • obligate us to enforce such court order; or
  • if we do enforce such court order, extinguish the Client’s obligation to pay us any shortfall from the proceeds of enforcing such court order, and the amount of our fees that is outstanding.

 

Interest in Property

As security for the payment of our fees, and any other amounts payable by the Client to us pursuant to this Agreement, or in relation to the provision of the Legal Services, the Client grants to us:

  • a mortgage over any interest the Client has, jointly or severally, in any real property wherever such property is located;
  • a fixed and floating charge, or security interest, over any personal property, of the Client, wherever such property is located, and regardless of whether such property is currently existing or acquired in the future; and/or
  • any entitlement of the Client in any deceased estate, winding up of a Company, or any other thing or matter.

(Security Interest)

You agree that we may:

  • register a caveat and/or a mortgage against the title to any real property that the Client, jointly or severally, has an interest in, with the relevant land titles office;
  • register a security interest in any personal property on the Personal Property Securities Register; and/or
  • register any interest granted by the Client to us on any applicable register whatsoever.

You agree that we may exercise any enforcement power granted to us by any relevant law in relation to the Security Interest.

You agree that, to the extent that we must give you notice a certain amount of time prior to doing any thing to enforce the Security Interest, that notice period is waived, or if it cannot be waived by operation of any law, is reduced to the minimum amount permissible under the relevant law.

 

Recovery Costs

If the Client fails to pay any invoice issued by us, and we commence recovery action (whether or not we commence or file for court proceedings in that regard), the Client must pay to us, on demand, and on an indemnity basis, any costs and expenses that we incur, whether or not we have actually paid such amounts, in relation to such recovery action, including, but not limited to:

  • any costs or expenses payable to a third party (such as debt collection agency fees, external legal fees, court filing fees, etc); or
  • any internal expenses we incur, or work performed, calculated on an hourly basis, in accordance with the hourly fee schedule stated above.

 

Guarantee

If the Client is not a natural person, we may require that you, and/or any other person or entity guarantee the Client’s performance of their obligations under this Agreement, including in relation to the payment of any money.

If so:

  • you agree to personally guarantee the Client’s performance of their obligations under this Agreement, and indemnify us for any loss or damage we suffer due to the Client failing to perform its obligations, or not being able to perform such obligations, under this Agreement, in accordance with the terms of the ‘Guarantee and Indemnity’ which, if applicable, is enclosed with this Agreement; and
  • you agree to sign any other document we may reasonably request to perfect or formalise our interests or rights under the terms of the ‘Guarantee and Indemnity’ which, if applicable, is enclosed with this Agreement.

If we request you and/or another person or entity guarantee the Client’s performance of their obligations under this Agreement, unless we are satisfied the relevant guarantor has agreed to provide such guarantee (e.g. by signing and returning to us the ‘Guarantee and Indemnity’), we may refuse to commence work for the Client.

 

Contractual Limit of Liability

To the maximum extent permitted by law, our liability for all claims directly or indirectly connected with any matter (whether in negligence or otherwise and whether to you or any other person) is limited to $2,000,000.00.

You agree to make this known to any entity to whom you disclose any advice given by us.

Nothing in this clause derogates from the common law advocate’s immunity from suit.

Furthermore, our advice is provided only to the parties named in this agreement.  We accept no liability for the actions or omissions of any other party, or their reliance upon any advice given.

If we send you documents or advice electronically, and changes are made to those documents or advice, we accept no liability for any loss caused by the changes unless we specifically approve them.

No Advice as to Non-legal Matters

We will not be providing any advice on non-legal matters, including but not limited to financial or accounting matters.  If you require advice in relation to those matters you should consult your qualified advisor in those areas.

Ceasing To Act

You may terminate this Agreement and require us to cease providing legal services after the initial 12 month period.

Without limiting the circumstances in which we may terminate this Agreement by law, we may terminate this Agreement and cease providing legal services to the Client if:

  • any matter occurs which, pursuant to the terms of this Agreement, would allow us to cease acting for the Client;
  • you, or the Client, unreasonably provide to act in accordance with our advice;
  • You, or the Client, fails to provide us with adequate instructions within a reasonable time frame;
  • You, or the Client gives instructions to us that we consider to be false, misleading, inaccurate, fraudulent or otherwise unethical;
  • you, or the Client, fails to accept what we consider to be a reasonable offer of settlement;
  • you, or the Client, engages another law practice to advise the Client on or in relation to a matter that we are acting on, without our prior consent;
  • we consider that we have a real, apparent or potential legal or commercial conflict of interest;
  • you, or the Client indicates that the Client has lost confidence in us;
  • we, in our sole discretion, consider it is no longer appropriate we continue to act for you;
  • the Client fails to pay an invoice, and such invoice remains overdue by 30 days or more; or
  • the Client fails to pay money into trust within three (3) business days of us reasonably requesting such money be deposited into trust.

If this Agreement is terminated, or we cease to act for the Client, we will issue a final invoice.  The Client will be responsible for paying all fees and disbursements up until the date you terminate this Agreement, or when we are removed from the Court record (if applicable), whichever occurs last.

If we terminate this Agreement, but perform any act or take any further steps on behalf of the Client, we do so without affecting our rights under this Agreement.

For the avoidance of doubt, the terms contained in this section ‘Ceasing to Act’ apply regardless of any agreement or arrangement or any term under this Agreement to the contrary, that may have been made between us and the Client prior to the termination of this Agreement.

 

Disputing Our Fees

If you think the conditions of our engagement are unfair or unreasonable you may ask the Supreme Court to set them aside.

If you think any invoice is excessive, you may ask the Supreme Court to assess its fairness and reasonableness.

This assessment can include whether work was reasonably required and whether the work was reasonably performed.

Usually, the Court will not let you challenge an account more than 12 months after the day we gave it to you.

The Court may allow applications out of time in certain circumstances.

 

Restraint

As consideration for us agreeing to perform legal services for you at the agreed rates, you agree that, in order to protect our goodwill and investment in our staff, you, your related entities, holding company and subsidiaries will not directly or indirectly at any time for a period of:

  • 2 years after the last date we provided legal services to you; or, in the event that this term is deemed unenforceable;
  • 1 year after the last date we provided legal services to you; or, in the event that this term is deemed unenforceable;
  • 6 months after the last date we provided legal services to you;
  • employ, solicit to employ, or contract with any person who is or has been employed by us in the period of 2 years prior to the last date we provided legal services to you.

If any period described in the restraint above is unenforceable, illegal or void then that provision is severed and the next sequential provision is in force.

You acknowledge that each of the restraint provisions listed above, read separately but set out in this way, is a fair and reasonable restraint of trade.

 

Acknowledgement

By agreeing to this Agreement, whether by signing this Agreement, or indicating your agreement by email or any other means, including requesting Legal Services or providing instructions to us after we provide you with a copy of this Agreement, the Client (and you, if different to the Client), jointly and severally (if more than one such person or entity):

  • have had the nature, effect, meaning and implications of this Agreement explained to them to their full satisfaction by reading the terms of this Agreement, and do not require or want any further explanation;
  • have been given the opportunity, and been notified of, the Client’s right to negotiate the terms of this Agreement with us;
  • have been given the opportunity to obtain independent legal advice as to the legal and practical nature and effect of this Agreement, and as to whether it is in their interests to enter into this Agreement before entering into it, but have either obtained such independent legal advice (and agree to this Agreement in reliance on such legal advice), or have chosen not to obtain such independent legal advice (and agree to this Agreement because of their free will);
  • each invoice provided by us will be the final invoice for work done as described in the invoice, and any information included in the invoice, setting out details of amounts owing for an earlier period, form part of a later invoice;
  • they have thoroughly read and fully understand every term, condition and provision of this Agreement; and
  • in their opinion, every term, condition and provision of this Agreement is fair and reasonable

 

Method of Communication

We prefer to use e-mail to communicate with you, but we will also call and meet with you in person to discuss the Client’s matter.

Any communication, notification, or disclosure required to be in writing between the parties will be by electronic means unless you specifically request it otherwise in writing.

As any such communication may not be secured, you release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that communication, unless you have previously advised us in writing that you do not wish to receive communications from us electronically.

 

Authorisations

If this Agreement specifies that you, or the Client, authorises, consent or directs us to do something, such authorisation, consent or direction cannot be revoked without our written consent.

This Agreement will prevail over all and any statements or representations made (whether in writing, orally or by implication) to you or the Client by us or any of our employees or agents in respect of any subject matter referred to in this Agreement during the time that we are acting for the Client.

 

Services outside the ACT

The law of the ACT or NSW applies to the Legal Services and this document (as determined by the location of the staff member responsible for the day to day carriage of your matter).

If the Legal Services are to be delivered mainly in another jurisdiction we may enter into a new agreement that complies with the law in that jurisdiction.

 

General

This Agreement (and the Guarantee and Indemnity, if applicable), together with our correspondence to you setting out the scope of our engagement is the whole agreement between us and the Client (and you, if different to the Client), and supersedes all other communications, representations, inducements, undertakings, agreements or arrangements between them.

No variation to the terms of this Agreement is valid unless made in writing and signed by you (personally and/or on behalf of the Client), and us, except for any changes we may make without your consent (such as varying out hourly rates each financial year).

Where any currency amounts are specified in this Agreement, they are taken to be in Australian Dollars.

The provisions in this Agreement must be interpreted so that it is valid and enforceable. If a provision cannot be interpreted or read down such that it is valid and enforceable, it will be severed from this Agreement, and does not affect in any way the operation of the other terms and provisions of this Agreement.

A waiver by us, the Client, or you, in respect of a breach of a provision in this Agreement by another party, must be in writing, and does not operate as a waiver in respect of any other breach, and the failure of a party to enforce at any time a provision of this Agreement is not to be interpreted as a waiver of that party’s rights pursuant to that provision.

To the extent permitted by law, all express or implied warranties, representations, terms and conditions other than those expressly contained in this Agreement are excluded. Each party acknowledges and agrees that it has not relied on any other term, condition, representation, warranty, matter, statement or conduct in entering into this Agreement.