Terms and Conditions

Terms of Business

Our fees and expenses

Most of our fees are charged on a prior agreed fixed amount. Otherwise, you will be charged for legal services based on the time we spend on your matter. We will endeavour to fix our charges in advance.

You will be charged for expenses incurred in connection with our legal services. Expenses are charged at cost.

Cost estimates

The actual amount you will be charged may be less or more than the estimates given. If you ask us to complete additional work, we will charge you for the extra time spent using our hourly rates.

Billing and payment

Normally, you will receive a monthly tax invoice for our fees, expenses, and GST (if applicable). Payments may be made by cheque, credit card or by electronic transfer to the bank account nominated on your invoice. Please call us on +61410390075 for the bank account details, if needed.

Please use your file number or tax invoice number when transferring funds into our account to assist us to trace and receipt the payment.

If your tax invoice becomes overdue, we may do any of the following:

• stop providing services to you.
• terminate this agreement.
• take action to recover the amount owing plus interest; and
• except as required by law, retain your documents and any money that we hold in our capacity as your solicitor until your account has been paid in full.

Your rights

Under the Uniform Law you have rights to:

• negotiate the terms of our cost’s agreement.
• negotiate the billing method.
• receive a bill from us.
• request an itemised bill.
• be notified of any meaningful change to the matters we have disclosed to you.
• request a written report about the legal costs incurred to date (free of charge).
• seek the assistance of or make a complaint to the Legal Services Commissioner under Division 1 Part 5.2 of the Uniform Law on costs. A complaint must be made within 60 days after the costs become payable or 30 days if the bill is itemised.
• the event of a dispute about costs, apply to have our costs assessed under Division 7 of Chapter 4.3 of the Uniform Law. The application must be made within 12 months after the bill was given to you.

Confidentiality

The information and instructions you provide to us will be kept confidential except as required by law or otherwise authorised by you.

Privacy

We have reasonable steps in place to comply with the Privacy Act 1988 (Cth) to protect your privacy. In respect of personal information provided by you, you consent to us using it to conduct this matter on your behalf; to share it with third parties relevant to your matter (such as barristers, witnesses etc); to send you material which we consider may be of interest to you; to otherwise market and promote our services to you; and to protect our lawful interests. You may request access to any of your personal information that we hold.

For further information, please access the privacy policy on our website at www.17degrees.com.au.

Benefit of our advice

The advice we provide to you is for your benefit only. Our advice may not be relied on by another person; is limited by the matters stated in it and does not apply to other matters by implication. If the advice is disclosed to any other person, agency, or quoted or referred to in a public document, legal professional privilege in the advice may be lost.

Changes by others to our documents

We are not responsible for any liability or loss caused by the changes to any document provided to you unless we specifically approve them.

Electronic communications

Where permitted by law we may use electronic means to deliver documents, notices and other communications to you and others. To the extent permitted by law, you accept associated risks, including risks of interception, unauthorised access, or computer viruses. We are not liable for risks associated with third party technology.

Ending our engagement

You may end our engagement at any time by telling us in writing to stop providing services to you. We may stop providing services to you and end our engagement if you do not:

• pay our tax invoices.
• comply with these terms.
• provide us with adequate instructions within a reasonable time.
• accept advice we (or counsel) give you.
• comply with a reasonable request we make, including paying money in advance of anticipated costs and expenses.
• that the necessary relationship of mutual trust and confidence required for a workable solicitor and client relationship has ceased to exist; or
• there is another just cause.

Electronic documents and retention of your file

You authorise us to create an electronic copy of any documents we hold in hard copy form regarding your matter. We will keep your file for 7 years after the completion of your matter or the termination of our engagement. You may ask for your documents during this time. We may retain copies of your documents for our own records.

Applicable law

The law of New South Wales, Australia applies to these terms, legal costs, and any other issue in this matter.