The prices quoted in the attached proposal are indicative prices only unless specified as fixed price.

Some services are on a recurring basis and will be charged on an ongoing basis in accordance with the selected billing frequency until cancelled in writing with one month notice. By selecting a recurring service you agree to be charged for the selected service amount, plus GST, until cancelled.

You will be proportionately charged for work involving shorter periods less than an hour. Our charges are structured in 6 minute units. 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 6 and 12 minutes will be 2 units.

The agreed scope of work may include a fixed price. Where a fixed price is agreed, the following standard hourly rates charged by our professional staff will only apply to out of scope work. Where we have quoted a discounted hourly rate in the scope of work, the lesser of the quoted hourly rate or the following rates will apply:

(a) $650 plus GST for a Director, or Principal;

(b) $580 plus GST for a Partner, or Special Counsel;

(c) $450 plus GST for a Senior Associate;

(d) $380 plus GST for an Associate;

(e) $350 plus GST for a Solicitor; and

(f)  $150 plus GST for a Paralegal.

Our rates are reviewed on a regular basis and may change during the course of a matter. In relation to lengthy matters this may impact upon our cost estimates (which may be revised accordingly). You will be given 30 days' notice in writing of any changes to our charge out rates.

Where you have been referred by a third-party such as your insurance broker, IT provider, or accountant, we may pay them referral fee. This fee is paid by us and is not an additional cost to you.

2.1 We may incur disbursements (being money which we pay or are liable to pay to others on your behalf). Disbursements may include search fees, court filing fees, process server fees, expert fees, witness expenses, travel expenses, transcript expenses and barrister's fees.

2.2 Where you instruct us to brief a barrister or other expert and they provide a disclosure and costs agreement we will provide this to you.

Our usual policy is to issue a tax invoice on a monthly basis or upon completion of a specific task or tasks. All tax invoices are due and payable 14 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:

(a) negotiate a costs agreement with us;

(b) negotiate the method of billing (e.g. task based or time based);

(c) request and receive an itemised bill within 30 days after a lump sum bill or partially itemised bill is payable;

(d) seek the assistance of the designated local regulatory authority (the NSW Commissioner) in the event of a dispute about legal costs;

(e) be notified as soon as is reasonably practicable of any significant change to any matter affecting costs;

(f) accept or reject any offer we make for an interstate costs law to apply to your matter; and

(g) 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 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:

(a) 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

(b) 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:

(a) in the first instance we encourage you to discuss your concerns with us so that any issue can be identified and we can have the opportunity of resolving the matter promptly and without it adversely impacting on our business relationship; and

(b) you may apply to the Manager, Costs Assessment located at the Supreme Court of NSW for an assessment of our costs. An application for assessment must be made within 12 months after the final bill in this matter was provided or request for payment made or after the costs were paid.

It is our policy that, when acting for new clients, we do one or more of the following:

(a) ask the client to pay monies into our trust account;

(b) ask the client for their credit card details.

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.

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. 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:

(a) while any of our tax invoices remain unpaid;

(b) if you do not within 7 days comply with any request to pay an amount in respect of disbursements or future costs;

(c) if you fail to provide us with clear and timely instructions to enable us to advance your matter, for example, compromising our ability to comply with Court directions, orders or practice notes;

(d) if you refuse to accept our advice;

(e) if you indicate to us or we form the view that you have lost confidence in us;

(f)  if there are any ethical grounds which we consider require us to cease acting for you, for example a conflict of interest;

(g) for any other reason outside our control which has the effect of compromising our ability to perform the work required within the required timeframe;

(h) if in our sole discretion we consider it is no longer appropriate to act for you; or

(i)  for just cause.

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 will continue notwithstanding that we cease to act for you.

We may in any manner we regard appropriate disclose the fact that we act or have acted for you, and the type of work but in doing so we will not disclose other confidential information.

Also, we may place an advertisement in an appropriate financial journal or industry journal at our cost after completion of the work, but only after obtaining your prior approval that you must not unreasonably withhold.

However, if you request it now, we will make sure we do not disclose details of the work or your name to anyone except as necessary in the course of doing the work.

We share office space with BDH Leaders Pty Limited, a financial consultancy. Where We are providing legal services to you concurrently to you receiving services from BDHL Leaders Pty Limited, services provided by BDH Leaders Pty Limited are not provided by Us and should not be relied upon as such. Our services are not, and should not be relied upon, as being provided by BDH Leaders Pty Limited. Our services are distinct and separate despite the use of shared office space. We take all reasonable steps to ensure the confidentiality of your information and legal matter.

You agree that we may use your logo on our website in the “Trusted by” section (or equivalent), and that we may refer to our engagement with you when speaking with external parties including potential clients. In addition, you agree that any testimonial(s) you give us can be used on our website and reproduced for other marketing and business development purposes including social media platforms and award applications.

These authorisations can be withdrawn by you in writing at any time.

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 and 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.
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​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.