MT Gravatt Law Centre Information 2022

Annexure A - New File Coversheet
BSBLEG510 Apply legal principles in family law matters
MT GRAVATT LAW CENTRE
FILE NUMBER:
MATTER: Family – Children
*CLIENT SURNAME: ORR
*CLIENT GIVEN NAMES: Andrew James
*COMPANY NAME: Channel 9
*COMPANY CONTACT NAME: Channel 9
TELEPHONE NUMBER/S: 0408561258
EMAIL: [e-mail]
ADDRESS: 6 Thames Street, New Farm 4005
AUTHORITIES TO SPEAK TO:
His Children and their orders
His treating psychiatrist (details to be provided)
Accountant (to be provided)
Jane Smith (his new partner)
DATE OPENED: 4th August, 2019
FS 123 R Version 1.0 (17/01/2016) Page 1 of 65
© TAFE Queensland. Uncontrolled copy if printed. Refer to TAFE Queensland intranet for current version of document.

SOLICITOR: JT
PARALEGAL: Head of the Associated i.e. Jane Smith
*COURT DETAILS: Family Law Courts of Australia and Federal Circuit Court for
Divorce.
IMPORTANT DATES:
Date of Initial Interview: 9.00 am to 11.00am
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MT GRAVATT LAW CENTRE
FILE NUMBER:
MATTER: Family – Property
*CLIENT SURNAME: ORR
*CLIENT GIVEN NAMES: Andrew James
*COMPANY NAME: Channel 9
*COMPANY CONTACT NAME: Channel 9
TELEPHONE NUMBER/S: 0408561258
EMAIL: [e-mail]
ADDRESS: 6 Thames Street, New Farm 4005
AUTHORITIES TO SPEAK TO:
His former wife (Madeline Grace ORR)
His treating psychiatrist (details to be provided)
Accountant (to be provided)
Jane Smith (his new partner)
DATE OPENED: 4th August, 2019
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SOLICITOR: JT
PARALEGAL: Head of the Associated i.e. Jane Smith
*COURT DETAILS: Family Law Courts of Australia and Federal Circuit Court for
Divorce.
IMPORTANT DATES:
Date of Initial Interview: 9.00 am to 11.00am
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MT GRAVATT LAW CENTRE
FILE NUMBER:
MATTER: Family – Divorce
*CLIENT SURNAME: ORR
*CLIENT GIVEN NAMES: Andrew James
*COMPANY NAME: Channel 9
*COMPANY CONTACT NAME: Channel 9
TELEPHONE NUMBER/S: 0408561258
EMAIL: [e-mail]
ADDRESS: 6 Thames Street, New Farm 4005
AUTHORITIES TO SPEAK TO:
His former wife (Madeline Grace ORR)
His treating psychiatrist (details to be provided)
Accountant (to be provided)
Jane Smith (his new partner)
DATE OPENED: 4th August, 2019
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SOLICITOR: JT
PARALEGAL: Head of the Associated i.e. Jane Smith
*COURT DETAILS: Family Law Courts of Australia and Federal Circuit Court for
Divorce.
IMPORTANT DATES:
Date of Initial Interview: 9.00 am to 11.00am
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MOUNT GRAVATT LAW CENTRE
Client Agreement
Represent client with respect to Children’s Orders (agreed or as ordered). Includes (but not
limited to) all conferences with client and other relevant parties, communications, drafting of
applications, affidavits and other court documentation to facilitate consent orders or orders by
the Family Law Court of Australia with regards to Children’s matter.Disclosure prior to legal
services.
1.1 Before providing legal services and entry into any costs agreement, Family Law Court
of Australia with regards to Children’s matter will be required to provide me and my
associate i.e. Jane Smith with disclosure of information under the Legal Profession Act
2007 (Qld)1.
1.2 A disclosure notice was provided to the Family Law Court as per the law practise to
sign this document or otherwise accepting the offer:
Family Law Court acknowledged that you received the disclosure notice, as well as,
acknowledgement from the Children’s Orders. This will ensure that the disclosure
notice has further become void.
Acceptance of offer
2.1 This document is an offer to enter into a Financial Agreement with the Family
Members. If you accept this offer then you will be regarded to make an entry into a
Financial Agreement. This means that you will be bound by the terms and the
conditions set out in this document, including being billed in accordance with the
same. Acceptance may be done by any one of the following ways: Providing you with
1 Legislation. ‘Legal Profession Act 2007’ (2016) Q 121.
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info about costs and separation brochure only if conditional or uplift fees
a. A signing and returning a copy of this document
b. Giving us instructions after receiving this document
c. Contacting me or my associate relating to this law practice and then, advising of
your acceptance.
2.2 This Family Law will provide you with the legal services performed with professional
skill and diligence that are set out in this document and will keep you informed of the
progress of the matter.
2.3 You must;
a. Provide this law practice in timely manner, accurate and proper instructions,
including
all the documents and other records relevant to the provided services
b. Act reasonably and take reasonable care to protect your own interests with
respect to the matters
the subject of this document
c. Satisfy yourself as to the commercial viability of transactions (if any) where
relevant, investigate the bona fides of the other parties to the transaction,
checking all financial matters and assessing the commercial soundness of the
transactions.
2.4 Failure to accept Family Law offer within the period of seven or fourteen days of the
date of the Disclosure Notice accompanying this document may result in the
immediate withdrawal of Family Law offer to act.
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2.5 The law of Queensland or other jurisdiction as is appropriate will apply to the
proposed costs agreement.
Charges for professional fees, other items, disbursements and outlays
3.1 Under the hourly wage rate of $330, including GST per hour will be paid for doing
the work. If the Clerk is terminated on a permitted ground by this law practice, you
will be required to pay the professional fees charges and disbursements of $100 +
$10 per hour outlays up to the date of termination. For matters involving lump-sum
fees, please refer to clause 11 in relation to fees payable in relation to early
termination. You will be liable to pay this law practice whether or not the other party
to any court proceedings has to pay your costs of the proceedings. They will be
charged as follows:
3.3 Expenses and disbursements are sums of money which this law practice pays (or
becomes liable to pay) to others on your behalf. These may include, for example:
Search fees
Enquiry fees
Court and other filing fees
Lodgement fees
All government revenue charges (including stamp duty)
Transaction specific banking charges
Process servers and investigators
Clinical records from hospitals
Medical, experts’ reports and/or other external consultants
Witnesses fees and expenses
Postage courier and messengers
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Transcripts charges
Other law practice fees (including barrister’s fees)
Travel expenses and accommodation costs
This law practice will inform you of these expenses and disbursements as well as
any other payments required to be made, as soon as is reasonably practicable.
3.4 Scales of fees fixed by legislation that are applicable to the amounts to be charged
pursuant to this Financial Agreement are at a fixed fee scale, wherever applicable
Billing, interest charges and contact person
4.1 Bills will be sent to ORR containing information of professional fees, other charges,
disbursements and expenses and GST at regular intervals – the completion of the
work, monthly rests, the conclusion of designated stages, in accordance with the
conditional fee arrangement.
4.2 Our bills are payable on receipt. If bills remain unpaid for 30 days of becoming due
for payment, interest may be charged on the unpaid amount at an overdue invoice as
an alternative method at the rate of 2.3% (specify LPA permissible rate). A
benchmark rate being prescribed under the regulations highlighted within the Legal
Profession Act 2007, where the rate is equal to the Cash Rate Target, as defined
through the regulations to the LPA with an addition of two percentage points at the
date of the bill.
In the event that you do not pay bills pursuant to this Financial Agreement
agreement then surcharging practices are entitled to the exercise of a solicitor’s lien.
The lien allows us to retain all your property, documents and trust funds in our
possession until the account is paid.
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4.3 For the purpose of this agreement you will be deemed to have received our bill if it is:
a. given to you or to your agent personally – on the day it is given to you;
sent to you at the address above or to your agent by post then – within two days of
posting.
Engagement of another law practice (eg barrister)
5.1 It the event that this legal practice engages on your behalf of another law practice to
provide specialist advice (eg a barrister) or services which you will be advised if the
advocate provides surcharging practices along with the disclosed or the basis of fee
calculation or not. Surcharging practices will pass this information on to you. If
surcharging practices become liable to pay interest on any advocate’s fees as a
consequence of delay on your part then, surcharging practices will pass that charge on
to you.
5.2 As a matter of public policy, the Family 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.
Termination of Cost Agreement
6.1 You may terminate this agreement at any time.
6.2 Should this agreement be terminated at any time, you remain liable for the legal costs
up until that time.
6.3 If you do not pay monies in accordance with the costs agreement, Australian Family
Law may suspend work and may cease acting for you. In addition, the Australian
Family Law will not continue to do the work and may terminate the agreement:
a. if you fail to pay my/our bills or deposit monies to our trust account as required
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from time to time;
if you fail to provide me/us with adequate instructions within a reasonable time; if
you give instructions that are deliberately false or intentionally misleading;
if you fail to accept an offer of settlement which I/we think is reasonable;
if you fail to accept advice I/we (or counsel) give you;
if you engage another law practice to advise you on this matter without our consent;
if I/we, on reasonable grounds, believe that I/we may have a conflict of interest;
if you ask us to act unethically; or
for other just cause.
6.4 If the agreement is terminated either by you or based on the grounds of termination
legal practice where you will be required to pay on the basis of the Australian Family
Law’s based professional fees, fees for other items and expenses and disbursements up
to the date of termination.
6.5 The Termination of Employment will give you notice of its intention to terminate our
agreement,
and of the grounds on which the notice is based.
6.6 On termination, this contract entitled to retain possession of your documents
and trust money while there is money owing to me/us for my/our professional fees,
fees for other items and expenses and disbursements, unless and until security is
provided for my/our costs.
Termination of lump sum/conditional/uplift agreement will further take place on the basis of;
7.1 If the matter involves lump sum fee matters, ORR must pay the part of employment
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termination payment (ETP), lump sum fee that are taxed, as well as, reported in a
different form which are reasonably estimated and has been incurred in respect of the
legal services provided to you up to the date of termination, plus fees for other items,
expenses and disbursements, subject to your right to a costs assessment. You will be
liable to pay full rate of pay to the employee whether the other party when going
through any court proceedings has to pay your costs or not. They will be charged as
follows:
According to the Alternate basis for fee calculation,
7.2 Furthermore, as this costs agreement is a conditional costs agreement with an uplift
fee ETP, where me and my associate will not continue to do the work and we may
also terminate the agreement:
a. if I/we cannot retain Counsel of my/our choice on a conditional costs agreement
in a litigation matter; or
if you fail to provide me/us with adequate instructions within a reasonable time; or
if you indicate to me/us that I/we have lost your confidence.//
9.3 You may terminate this agreement at any time after the cooling off period. Should you
terminate
this agreement you will be liable to pay for legal services performed on your
instructions with your knowledge before that termination.
Retention of your documents
10.1 I/We will, on completion of the Work, retain any papers to which you are entitled, but
leave in my/our possession (except documents deposited in safe custody) for no more
than seven (7) years and on the undertaking that I/we have your authority to destroy
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the file seven years after the date of the final bill rendered by me/us in this matter.
Privacy protection
11.1 Personal information about you, provided by you and other sources, is protected under
the Privacy Amendment (Private Sector) Act 20002. Disclosure of such information
may be compelled by law (eg under the Social Security Act). You also authorise me/us
to disclose such information where necessary
to others in furtherance of your claim/matter (eg within the law practice, to the Family
Law Court, the other party or parties to litigation, to valuers, experts, barristers etc).
Payment/money on account
12.1 In terms of Goods and service tax (GST), we may ask you for payments in advance. In
this event, the money will be held in trust and you will be advised how it is used. You
hereby authorise goods and services tax (GST) to draw on the money for expenses,
third party payments and professional fees as they become due.
Acceptance
Except if this Financial Agreement involves conditional or uplift fees, you or your solicitor
may accept by:
a. Signing and returning a copy of this document
b. Giving us instructions after receiving this document
c. Contacting the Uniform Law or us and telling advising of your acceptance
If this agreement involves conditional or uplift fees, you and your solicitor i.e., JT may accept by
signing and returning a copy of this document.
2 Australian Government Solicitor, ‘Outsourcing: Agency Obligations under the Privacy Act’ (2002) LB 8.
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/
/ /
Signed by or for an
on
behalf of the client*
Date Signed by or for an
on
behalf of the Law
practice
Date
/ /
Signed by or for an
on
behalf of the
Associate*
Date
*Where the person signing on behalf of the client or Associate is other than the named client,
(s)he warrants they hold authority to sign on behalf of the client or Associate
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MOUNT GRAVATT LAW CENTRE
Client Agreement
Represent client with respect to all works included in an application to the Federal Circuit
Court for Divorce. Includes (but not limited to) conferences, drafting, copying, filing, serving
and any court attendances up to and including the issue of the Decree of Divorce.
Disclosure prior to legal services
1.1 Before providing legal services and entry into any costs agreement, Family Law will
be required to provide me and my associate i.e. Jane Smith with disclosure of
information under the Legal Profession Act 2007 (Qld)3.
1.2 A disclosure notice was provided to Jane Smith as per the law practise to sign this
document or otherwise accepting the offer:
Jane Smith acknowledged that you received the disclosure notice, as well as,
acknowledgement from James Smith. This will ensure that you have read the
disclosure notice.
Acceptance of offer
2.1 This document is an offer to enter into a costs agreement with you. If ORR and his
associate will accept this offer then, it will be regarded as having entered into a costs
agreement with you i.e. the client. This means that I and Jane Smith will be bound by
the terms and conditions set out in this document, including being billed in accordance
with it. Acceptance may be by any one of the following ways: Provided ORR with
info about costs etc. provided him with marriage, families and separation brochure
only if conditional or uplift fees
3 Legislation. ‘Legal Profession Act 2007’ (2016) Q 121.
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d. Signing and returning a copy of this document or giving us instructions after
receiving this document or maybe, contacting ORR or his representative
associate relating to this law practice and then, advising of your acceptance.
2.2 This Family Law will provide you with the legal services performed with professional
skill and diligence that are set out in this document and will keep you informed of the
progress of the matter.
2.3 You must;
d. Provide this law practice in a timely manner, accurate and proper instructions,
including
all the documents and other records relevant to the provided services
e. Act reasonably and take reasonable care to protect your own interests with
respect to the matters
the subject of this document
f. Satisfy yourself as to the commercial viability of transactions (if any) where
relevant, investigate the bona fides of the other parties to the transaction,
checking all financial matters and assessing the commercial soundness of the
transactions.
2.4 Where you instruct Family Law jointly with one or more other parties, you and each
another party will be jointly and severally liable to pay bills on the basis of Family Law.
2.5 The work Family Law instructed to do is:
e. General services – The provision of legal services as requested from time to time
to generally represent your interests throughout the duration of this client
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agreement on children’s matter cost agreement.
Litigation and advocacy work – The provision of legal services as requested from time to
time, to represent your interests throughout the duration of this client agreement in any
dispute, investigation of a cause of action, court action, alternative dispute process,
mediation, tribunal hearing and/or prosecution, including all interlocutory steps, associated
alternative dispute resolution processes, hearing or trial, post-trial steps, appeal and
execution.
Banking and financial services work – The provision of legal services as requested from time
to time throughout the duration of this agreement including matters relating to contracts,
property finance, project finance, consumer finance services and facilities, commercial
finance facilities, securities, workouts (including receiverships and voluntary
administrations), recoveries, securities enforcements, project finance, standard documentation
and systems, stamp duty and aspects of revenue law and purchase and sale agreements.
Advice work – The provision of advice and associated legal services as requested from time
to time throughout the duration of this client agreement in the listed areas:
News Reporter’s property and development work – The provision of legal services as
requested from time to time by you throughout the duration of this client agreement in
relation to property and development work including due diligence inquiries in relation to
properties, creation of, acquisition of and disposal of legal and other interests relating to the
property. Another specified area is observed to be the law and scope of work
2.6 Failure to accept Family Law offer within the period of seven or fourteen days of the
date of the Disclosure Notice accompanying this document may result in the
immediate withdrawal of Family Law offer to act.
2.7 The law of Queensland or other jurisdiction as is appropriate will apply to the
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proposed costs agreement.
Charges for professional fees, other items, disbursements and outlays
3.1 Under a fixed fee of $1650 inclusive of GST is set to be paid. If the agreement is
terminated either by you or on a permitted ground by this law practice, you will be
required to pay the professional fees charges and disbursements and outlays up to
the date of termination. For matters involving lump-sum fees, please refer to
clause 11 in relation to fees payable in relation to early termination. You will be
liable to pay this law practice whether or not the other party to any court proceedings
has to pay your costs of the proceedings. They will be charged as follows:
Alternate basis of Disclosure cost for fee calculation will be achieved in this area.
Option 2
An amount calculated by reference to the amount of time spent attending to your matter.
Our hourly charge rates are
An hourly rate of: $250 + GST of $15 * for a partner.
An hourly rate of:$140 + GST of $10 * for a senior solicitor.
An hourly rate of:$140 + GST of $10 * for a junior solicitor.
An hourly rate of:$140 + GST of $10 * for a clerk.
An hourly rate of:$140 + GST of $10 * for secretarial services.
The Specified time will be considered for the purpose of charging fees on the basis of minute
intervals. Time will be charged in 6-minute intervals with six minutes being the minimum
interval recorded for professional services. For example, the time charged for an attendance
of up to six minutes will be one unit and the time charged for an attendance between six and
twelve minutes will be two units.
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3.2 Fees for other items are:
Photocopying $ 1 per page
Faxes $ 1 per page
Document lodgement $ 1 per attendance
Secretarial and word processing $ 1 per hour
Some computer services $ 1 per hour
Clerical and accounting services $ 1 per hour
General library services $ 1 per hour
3.3 Expenses and disbursements are sums of money which this law practice pays (or
becomes liable to pay) to others on your behalf. These may include, for example:
Search fees
Enquiry fees
Court and other filing fees
Lodgement fees
All government revenue charges (including stamp duty)
Transaction specific banking charges
Process servers and investigators
Clinical records from hospitals
Medical, experts’ reports and/or other external consultants
Witnesses fees and expenses
Postage courier and messengers
Transcripts charges
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Other law practice fees (including barrister’s fees)
Travel expenses and accommodation costs
This law practice will inform you of these expenses and disbursements as well as
any other payments required to be made, as soon as is reasonably practicable.
3.4 Scales of fees fixed by legislation that are applicable to the amounts to be charged
pursuant to this
Costs Agreement are at a fixed fee scale, wherever applicable
Billing, interest charges and contact person
4.1 Bills will be sent to send you containing information of professional fees, other
charges, disbursements and expenses and GST at regular intervals – the completion of
the work, monthly rests, the conclusion of designated stages, in accordance with the
conditional fee arrangement.
4.2 Our bills are payable on receipt. If bills remain unpaid for 30 days of becoming due
for payment, interest may be charged on the unpaid amount at an overdue invoice as
an alternative method at the rate of 2.3% (specify LPA permissible rate). A
benchmark rate being prescribed under the regulations highlighted within the Legal
Profession Act 2007, where the rate is equal to the Cash Rate Target, as defined
through the regulations to the LPA with an addition of two percentage points at the
date of the bill. In the event that you do not pay bills pursuant to this costs agreement
then surcharging practices are entitled to the exercise of a solicitor’s lien. The lien
allows us to retain all your property, documents and trust funds in our possession
until the account is paid.
4.3 For the purpose of this cost agreement you will be deemed to have received our bill if
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it is:
f. given to you or to your agent personally – on the day it is given to you;
sent to you at the address above or to your agent by post then – within two days of
posting.
Engagement of another law practice (eg barrister)
5.1 It the event that this legal practice engages on your behalf of another law practice to
provide
specialist advice (eg a barrister) or services which you will be advised if the advocate
provides surcharging practices along with the disclosed or the basis of fee calculation
or not. Surcharging practices will pass this information on to you. If surcharging
practices become liable to pay interest on any advocate’s fees as a consequence of
delay on your part then, surcharging practices will pass that charge on to you.
5.2 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 behalf of ORR’s wife..
In case of termination of agreement
6.1 You may terminate this agreement at any time.
6.2 Should this agreement be terminated at any time, you remain liable for the legal costs
up until that time.
6.3 If you do not pay monies in accordance with the costs agreement, Australian Contract
Law may suspend work and may cease acting for you. In addition, the Australian
Contract Law will not continue to do the work and may terminate the agreement:
g. if ORR fails to pay my/our bills or deposit monies to our trust account as
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required from time to time;
h. if ORR fails to provide me/us with adequate instructions within a reasonable
time;
i. if ORR give instructions that are deliberately false or intentionally misleading;
j. if ORR fail to accept an offer of settlement which I/we think is reasonable;
k. if ORR fail to accept advice I/we (or counsel) give you;
l. if ORR engages another law practice to advise you on this matter without our
consent;
m. if ORR’s wife, on reasonable grounds, believe that I/we may have a conflict of
interest;
n. if you ask us to act unethically; or for other just cause.
6.4 If the agreement is terminated either by you or based on the grounds of termination
legal practice where ORR will be required to pay on the basis of the Australian
Contract Law’s based professional fees, fees for other items and expenses and
disbursements up to the date of termination.
6.5 The Termination of Employment will give you notice of its intention to terminate our
agreement, and of the grounds on which the notice is based.
6.6 On termination, this contract entitled to retain possession of ORR documents
and trust money while there is money owing to me/us for my/our professional fees,
fees for other items and expenses and disbursements, unless and until security is
provided for Legal representative costs for ORR.
Termination of lump sum/conditional/uplift agreement will further take place on the basis of;
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7.1 If the matter involves lump sum fee matters, you must pay the part of employment
termination payment (ETP), lump sum fee that are taxed, as well as, reported in a
different form which are reasonably estimated and has been incurred in respect of the
legal services provided to you up to the date of termination, plus fees for other items,
expenses and disbursements, subject to your right to a costs assessment. You will be
liable to pay full rate of pay to the employee whether the other party when going
through any court proceedings has to pay your costs or not. They will be charged as
follows:
According to the Alternate basis for fee calculation,
7.2 Furthermore, as this costs agreement is a conditional costs agreement with an uplift
fee ETP, where me and my associate will not continue to do the work and we may
also terminate the agreement:
o. if I/we cannot retain Counsel of ORR’s choice on a conditional costs agreement
in a litigation matter; or
p. if ORR fails to provide me/us with adequate instructions within a reasonable
time; or
q. if you indicate to me/us that I/we have lost your confidence.
9.3 You may terminate this agreement at any time after the cooling off period. Should you
terminate this agreement you will be liable to pay for legal services performed on your
instructions with your knowledge before that termination.
Retention of your documents
10.1 I/We will, on completion of the Work, retain any papers to which you are entitled, but
leave in my/our possession (except documents deposited in safe custody) for no more
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than seven (7) years and on the undertaking that I/we have your authority to destroy
the file seven years after the date of the final bill rendered by me/us in this matter.
Privacy protection
11.1 Personal information about you, provided by you and other sources, is protected under
the Privacy Amendment (Private Sector) Act 20004. Disclosure of such information
may be compelled by law (eg under the Social Security Act). You also authorise me/us
to disclose such information where necessary
to others in furtherance of your claim/matter (eg within the law practice, to the Court,
the other party or parties to litigation, to valuers, experts, barristers etc).
Payment/money on account
12.1 In terms of Goods and service tax (GST), we may ask you for payments in advance. In
this event, the money will be held in trust and you will be advised how it is used. You
hereby authorise goods and services tax (GST) to draw on the money for expenses,
third party payments and professional fees as they become due.
Acceptance
Except if this agreement involves conditional or uplift fees, ORR and his solicitor may accept
by:
r. Signing and returning a copy of this document
s. Giving us instructions after receiving this document
t. Contacting the Uniform Law or us and telling advising of your acceptance
If this agreement involves conditional or uplift fees, you and your solicitor i.e., JT may accept
by signing and returning a copy of this document.
4 Australian Government Solicitor, ‘Outsourcing: Agency Obligations under the Privacy Act’ (2002) LB 8.
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/ / / /
Signed by or for an
on
behalf of the client*
Date Signed by or for an
on
behalf of the Law
practice
Date
/ /
Signed by or for an
on
behalf of the
Associate*
Date
*Where the person signing on behalf of the client or Associate is other than the named client,
(s)he warrants they hold authority to sign on behalf of the client or Associate
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MOUNT GRAVATT LAW CENTRE
Client Agreement
Represent client with respect to all work included in the negotiation of a property settlement
with form wife by way of a Financial Agreement. Includes (but not limited to) all
conferences, negotiations, disclosure management, drafting, copying and other costs and
outlays involved with representing the client and communication with the other side and their
legal representation. Conclusion of matter will be a Financial Agreement. Should the matter
need to progress to an Application to the Federal Circuit Court then this client cost
agreement/disclosure notice becomes void.
Disclosure prior to legal services
1.1 Before providing legal services and entry into any costs agreement, Family Law will
be required to provide me and my associate i.e. Jane Smith with disclosure of
information under the Legal Profession Act 2007 (Qld)5.
1.2 A disclosure notice was provided to the Federal Circuit Court as per the law practise
to sign this document or otherwise accepting the offer:
Federal Circuit Court acknowledged that you received the disclosure notice, as well
as, acknowledgement from the former wife. This will ensure that the disclosure
notice has further become void.
Acceptance of offer
2.1 This document is an offer to enter into a Financial Agreement with the former wife. If
former wife will accept this offer then, ORR will be regarded as having entered into a
Financial Agreement with you i.e. the client. This means that I and ORR will be
5 Legislation. ‘Legal Profession Act 2007’ (2016) Q 121.
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bound by the terms and conditions set out in this document, including being billed in
accordance with it. Acceptance may be by any one of the following ways: Provided
ORR with info about costs etc. provided him with marriage, families and separation
brochure only if conditional or uplift fees
u. A signing and returning a copy of this document
v. Giving us instructions after receiving this document
w. Contacting me or my associate relating to this law practice and then, advising of
your acceptance.
2.2 This Family Law will provide you with the legal services performed with professional
skill and diligence that are set out in this document and will keep you informed of the
progress of the matter.
2.3 You must;
g. Provide this law practice in timely manner, accurate and proper instructions,
including
all the documents and other records relevant to the provided services
h. Act reasonably and take reasonable care to protect your own interests with
respect to the matters
the subject of this document
i. Satisfy yourself as to the commercial viability of transactions (if any) where
relevant, investigate the bona fides of the other parties to the transaction,
checking all financial matters and assessing the commercial soundness of the
transactions.
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2.4 Where you instruct Family Law jointly with one or more other parties, you and each
another party will be jointly and severally liable to pay bills on the basis of Family Law.
2.5 The work Family Law instructed to do is:
x. General services – The provision of legal services as requested from time to time
to generally represent your interests throughout the duration of this client
agreement on property settlement matter cost agreement.
Litigation and advocacy work – The provision of legal services as requested from
time to time,
to represent your interests throughout the duration of this client agreement in any
dispute, investigation of a cause of action, court action, alternative dispute
process, mediation, tribunal hearing and/or prosecution, including all
interlocutory steps, associated alternative dispute resolution processes, hearing or
trial, post-trial steps, appeal and execution.
Banking and financial services work – The provision of legal services as requested
from time to time throughout the duration of this agreement including matters
relating to contracts, property finance, project finance, consumer finance services
and facilities, commercial finance facilities, securities, workouts (including
receiverships and voluntary administrations), recoveries, securities enforcements,
project finance, standard documentation and systems, stamp duty and aspects of
revenue law and purchase and sale agreements.
Advice work – The provision of advices and associated legal services as requested
from time to time throughout the duration of this client agreement in the listed
areas:
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News Reporter’s property and development work – The provision of legal services
as requested from time to time by you throughout the duration of this client
agreement in relation to property and development work including due diligence
inquiries in relation to properties, creation of, acquisition of and disposal of legal
and other interests relating to the property. Another specified area is observed to
be the law and scope of work
2.6 Failure to accept Family Law offer within the period of seven or fourteen days of the
date of the Disclosure Notice accompanying this document may result in the
immediate withdrawal of Family Law offer to act.
2.7 The law of Queensland or other jurisdiction as is appropriate will apply to the
proposed costs agreement.
Charges for professional fees, other items, disbursements and outlays
3.1 Under A lump sum of $250 + GST of $15 per hour for doing the work. If the
agreement is terminated by a Clerk or on a permitted ground by this law practice,
you will be required to pay the professional fees charges and disbursements of $100
+ $10 per hour outlays up to the date of termination. For matters involving lump-
sum fees, please refer to clause 11 in relation to fees payable in relation to early
termination. You will be liable to pay this law practice whether or not the other party
to any court proceedings has to pay your costs of the proceedings. They will be
charged as follows:
3.3 Expenses and disbursements are sums of money which this law practice pays (or
becomes liable to pay) to others on your behalf. These may include, for example:
Conferences $ 0.5 * per hour
8728597995870942813.docx Page 30 of 65

Negotiation $ 1* per hour
An hourly rate of:$140 + GST of $10 * for Para-legal services.
Disclosure management $ 1.5* per hour
Drafting and other costs etc $ 2* per page
This law practice will inform you of these expenses and disbursements as well as
any other payments required to be made, as soon as is reasonably practicable.
3.4 Scales of fees fixed by legislation that are applicable to the amounts to be charged
pursuant to this Financial Agreement are at a fixed fee scale, wherever applicable
Billing, interest charges and contact person
4.1 Bills will be sent to ORR containing information of professional fees, other charges,
disbursements and expenses and GST at regular intervals – the completion of the
work, monthly rests, the conclusion of designated stages, in accordance with the
conditional fee arrangement.
4.2 Our bills are payable on receipt. If bills remain unpaid for 30 days of becoming due
for payment, interest may be charged on the unpaid amount at an overdue invoice as
an alternative method at the rate of 2.3% (specify LPA permissible rate). A
benchmark rate being prescribed under the regulations highlighted within the Legal
Profession Act 2007, where the rate is equal to the Cash Rate Target, as defined
through the regulations to the LPA with an addition of two percentage points at the
date of the bill.
In the event that you do not pay bills pursuant to this Financial Agreement
agreement then surcharging practices are entitled to the exercise of a solicitor’s lien.
8728597995870942813.docx Page 31 of 65

The lien allows us to retain all your property, documents and trust funds in our
possession until the account is paid.
4.3 For the purpose of this agreement you will be deemed to have received our bill if it is:
y. given to you or to your agent personally – on the day it is given to you;
sent to you at the address above or to your agent by post then – within two days of
posting.
Engagement of another law practice (eg barrister)
5.1 It the event that this legal practice engages on your behalf of another law practice to
provide specialist advice (eg a barrister) or services which you will be advised if the
advocate provides surcharging practices along with the disclosed or the basis of fee
calculation or not. Surcharging practices will pass this information on to you. If
surcharging practices become liable to pay interest on any advocate’s fees as a
consequence of delay on your part then, surcharging practices will pass that charge on
to you.
5.2 As a matter of public policy, the Family 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.
Termination of Financial Agreement
6.1 You may terminate this agreement at any time.
6.2 Should this agreement be terminated at any time, you remain liable for the legal costs
up until that time.
6.3 If you do not pay monies in accordance with the costs agreement, Australian Contract
Law may suspend work and may cease acting for you. In addition, the Australian
8728597995870942813.docx Page 32 of 65

Contract Law will not continue to do the work and may terminate the agreement:
z. if you fail to pay my/our bills or deposit monies to our trust account as required
from time to time;
if you fail to provide me/us with adequate instructions within a reasonable time; if
you give instructions that are deliberately false or intentionally misleading;
if you fail to accept an offer of settlement which I/we think is reasonable;
if you fail to accept advice I/we (or counsel) give you;
if you engage another law practice to advise you on this matter without our consent;
if I/we, on reasonable grounds, believe that I/we may have a conflict of interest;
if you ask us to act unethically; or
for other just cause.
6.4 If the agreement is terminated either by you or based on the grounds of termination
legal practice where you will be required to pay on the basis of the Australian Contract
Law’s based professional fees, fees for other items and expenses and disbursements up
to the date of termination.
6.5 The Termination of Employment will give you notice of its intention to terminate our
agreement,
and of the grounds on which the notice is based.
6.6 On termination, this contract entitled to retain possession of your documents
and trust money while there is money owing to me/us for my/our professional fees,
fees for other items and expenses and disbursements, unless and until security is
provided for my/our costs.
8728597995870942813.docx Page 33 of 65

Termination of lump sum/conditional/uplift agreement will further take place on the basis of;
7.1 If the matter involves lump sum fee matters, you must pay the part of employment
termination payment (ETP), lump sum fee that are taxed, as well as, reported in a
different form which are reasonably estimated and has been incurred in respect of the
legal services provided to you up to the date of termination, plus fees for other items,
expenses and disbursements, subject to your right to a costs assessment. You will be
liable to pay full rate of pay to the employee whether the other party when going
through any court proceedings has to pay your costs or not. They will be charged as
follows:
According to the Alternate basis for fee calculation,
7.2 Furthermore, as this costs agreement is a conditional costs agreement with an uplift
fee ETP, where me and my associate will not continue to do the work and we may
also terminate the agreement:
aa. if I/we cannot retain Counsel of my/our choice on a conditional costs agreement
in a litigation matter; or
if you fail to provide me/us with adequate instructions within a reasonable time; or
if you indicate to me/us that I/we have lost your confidence.//
9.3 You may terminate this agreement at any time after the cooling off period. Should you
terminate
this agreement you will be liable to pay for legal services performed on your
instructions with your knowledge before that termination.
Retention of your documents
10.1 I/We will, on completion of the Work, retain any papers to which you are entitled, but
8728597995870942813.docx Page 34 of 65

leave in my/our possession (except documents deposited in safe custody) for no more
than seven (7) years and on the undertaking that I/we have your authority to destroy
the file seven years after the date of the final bill rendered by me/us in this matter.
Privacy protection
11.1 Personal information about you, provided by you and other sources, is protected under
the Privacy Amendment (Private Sector) Act 20006. Disclosure of such information
may be compelled by law (eg under the Social Security Act). You also authorise me/us
to disclose such information where necessary
to others in furtherance of your claim/matter (eg within the law practice, to the Court,
the other party or parties to litigation, to valuers, experts, barristers etc).
Payment/money on account
12.1 In terms of Goods and service tax (GST), we may ask you for payments in advance. In
this event, the money will be held in trust and you will be advised how it is used. You
hereby authorise goods and services tax (GST) to draw on the money for expenses,
third party payments and professional fees as they become due.
Acceptance
Except if this Financial Agreement involves conditional or uplift fees, you or your solicitor
may accept by:
bb. signing and returning a copy of this document
cc. Giving us instructions after receiving this document
dd. Contacting the Uniform Law or us and telling advising of your acceptance
6 Australian Government Solicitor, ‘Outsourcing: Agency Obligations under the Privacy Act’ (2002) LB 8.
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If this agreement involves conditional or uplift fees, you and your solicitor i.e., JT may accept
by signing and returning a copy of this document.
/
/ /
Signed by or for an
on
behalf of the client*
Date Signed by or for an
on
behalf of the Law
practice
Date
/ /
Signed by or for an
on
behalf of the
Associate*
Date
*Where the person signing on behalf of the client or Associate is other than the named client,
(s)he warrants they hold authority to sign on behalf of the client or Associate
8728597995870942813.docx Page 36 of 65

MOUNT GRAVATT LAW CENTRE
Disclosure notice (s308)7
Legal Profession Act 2007 (Qld)
Matter: Family - Divorce
 4.08.2019
 Mr. Andrew James ORR residing in 6 Thames Street, New Farm 4005
 Represent client relating to all work included in an application to the Federal Circuit
Court for Divorce. Includes (but not limited to) conferences, drafting, copying, filing,
serving, and any court attendances
Legal fees – ORR rights
1.1 ORR has the right to:
Negotiate a property settlement with the client (Andrew James ORR)
Receive a bill of costs from us;
Request an itemised bill of costs after you receive a lump sum bill from us;
Request written reports about the progress of your matter and the costs incurred in your
matter;
Apply for costs to be assessed within 12 months if you are unhappy with our costs
(see para 1.4 below);
Apply for the costs agreement to be set aside (see para 1.4 below);
Accept or reject any offer we make for an interstate costs law to apply to your matter
(see para 1.3 below);
7 Legislation, ‘Legal Profession Act 2004 No 112’ (2013) VRSB 484
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Notify us that you require an interstate costs law to apply to your matter
(see para 1.3 below); and
Be notified of any substantial change in the matters disclosed in this Notice.
1.2 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 facts sheet titled Legal Costs – Your right to know. You can ask us for a copy,
or obtain it from the Queensland Law Society or download it from their website at
qls.com.au > For the Community > You and your solicitor > Solicitors’ fees and
charges. You can also obtain information from the Legal Services Commissioner
www.lsc.qld.gov.au.
1.3 The law of Queensland will apply to our proposed costs agreement. You have the right
to enter into
a costs agreement with us on the basis that a similar law of another state or territory is
applicable
for example where our services are being primarily provided in another state or
territory or where the matter has a substantial connection with that other state or
territory. Further you 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.8
1.4 The following avenues are open to you under the terms of the Legal Profession Act
2007 (Qld)
in the event of a dispute in relation to legal costs
8 LPA s302, 303 and LPRQ reg 79
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To apply for a costs assessment within 12 months of delivery of a bill 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; and
To apply to set aside the costs agreement within six years or other times as the
law permits.
How this law practice charges9
2.1 There are several different methods by which legal practices charge 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. This law practice’s professional fees charged will be as
Option 1
A lump sum fee of $1,650 inclusive in GST
If the agreement is terminated either by ORR or on a permitted ground by this law practice,
you will be required to pay the professional fees charges and disbursements and outlays up to
the date of termination. For matters involving lump sum fees, please refer to clause 11 in
relation to fees payable in relation to early termination. You will be liable to pay this law
practice whether or not the other party to any court proceedings has to pay your costs of the
proceedings. They will be charged as follows:
9 Basis of fee calculation – LPA s308(1)(a)
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Alternate Dispute Resolution10 for fee calculation is usually used under cost agreements made
between the parties.
These amounts will be estimated every 6 minute intervals and even time will be charged in 6
minute intervals – with six minutes being the minimum interval recorded for professional
services. For example the time charged for an attendance of up to six minutes will be one unit
and the time charged for an attendance between six and twelve minutes will be two units.
2.2 Fees for other items are:
Photocopying $ 0.5 * per page
Document lodgement $ 0.5* per attendance
Searches and other paralegal etc $ 2* per attendance
Secretarial and word processing $ 1* per hour
Some computer services $ 1* per hour
Clerical and accounting services $ 1.5* per hour
General library services $ 1* per hour
2.3 Expenses and disbursements are sums of money which this law practice pays
(or becomes liable to pay) to others on your behalf. These may include, for example:
Search fees
Enquiry fees
Court and other filing fees
Lodgement fees
All government revenue charges (including stamp duty)
10 Donna Cooper & Rachael Field, ‘The family dispute resolution of parenting matters in Australia: an analysis
of the notion of an ‘independent’ practitioner’ (2008) QUTLJJ 175.
8728597995870942813.docx Page 40 of 65

Transaction specific banking charges
Process servers and investigators
Clinical records from hospitals
Medical, experts’ reports and/or other external consultants
Witnesses fees and expenses
Postage courier and messengers
Transcripts charges
Other law practice fees (including barrister’s fees)
Travel expenses and accommodation costs
This law practice will inform you of these expenses and disbursements as well as
any other payments required to be made, as soon as is reasonably practicable.
2.4 Scales of fees fixed by legislation that are applicable to the amounts to be charged
pursuant to this Costs Agreement are:
Based on the standard where the cost will actually become lower than the fixed fees to be
charged i.e. a lump sum of fixed $1,650 inclusive of GST.
These estimates are made on the information available at this time and the estimates will
probably change when more information is available to this law practice. Decisions
undertaken by the other parties, changes in legal contract agreement instructions, difficulty in
following the provided instructions, additional information provided by the paralegal or
representative associate of ORR, and problems discovered or arising especially when
conducting these matters associated with the legal case of Family Law.
Billing, interest charges and contact person11
11 Right to negotiate/receive bill/request itemised – LPA s308(1)(b)(i)-(iii).
8728597995870942813.docx Page 41 of 65

4.1 Bills will be sent to send you containing information of professional fees, other
charges, disbursements, and expenses at the completion of the work
4.2 If bills remain unpaid for 30 days of becoming due for payment, interest may be
charged on the unpaid amount for selecting the alternative
In the event that you do not pay this law practice’s account the proposed costs
agreement entitles the exercise of a solicitor’s lien. Contextually, the lien allows us
to retain all your documents and funds in trust
until the account is paid.
4.3 You may contact JT regarding your legal costs.
Substantial changes to disclosure12
5.1 You will be informed, as soon as is reasonably practicable, of any substantial changes
to anything contained in this disclosure document.
Engagement of another law practice (eg barrister)
6.1 It the event that this legal practice engages on your behalf another law practice to
provide specialist advice (eg a arrister) or services you will be advised.
Ending arrangements
7.1 You may end our engagement by written notice however you remain liable for the
legal costs up until that time. If you do not pay monies in accordance with the costs
agreement, this law practice may suspend work and may cease acting for you.
8.3 If you are unsuccessful in the litigation the following is the range of costs (inclusive of
any GST amounts) that may be recovered against you by the other party. It is not
12 Right to be notified of a substantial change in disclosed matters – LPA s308(1)(b)(iv) and 315.
8728597995870942813.docx Page 42 of 65

possible at this time to provide an accurate estimate and the sums given below are
merely estimates:
According to the user’s pay rule, each party will be his/her own cost: $100* to $10*.
Acquiring the consents of Family Law Court of Australia: $60* to $80*.
8.4 If settlement of your claim is being resolved by alternate dispute resolution, prior to
any agreement resolving the matter this law practice will provide you with a
reasonable estimate of my/our 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.
Family Law
Acknowledgement
Mr. Andrew ORR and his solicitor (JT) along with his former wife (Madeline Grace ORR)
further acknowledge that we have read and understood the legal contents of this Disclosure
Notice.
Andrew ORR / /
of // Client/Associated Third Party // Date
Andrew ORR / Madeline Grace ORR / /
Signature of // Client/Associated Third Party
//
8728597995870942813.docx Page 43 of 65

8728597995870942813.docx Page 44 of 65

MOUNT GRAVATT LAW CENTRE
Disclosure notice (s308)13
Legal Profession Act 2007 (Qld)
Matter: Family - Property
 4.08.2019
 Mr. ORR will make payment of $250 + GST of $15 for every hour and the clerk will
be paid a total of $110 per hour. Copying will be included under advised cost
 Represent client relating to all work included in an application to the Federal Circuit
Court for negotiating a property settlement with his family member. Includes (but not
limited to) conferences, drafting, copying, filing, serving, and any court attendances
 The matter of the Decree of Divorce duration of agreement from 9.00 am to 11.00am
Legal fees – ORR rights
1.1 ORR has the right to:
Negotiate a property settlement with us;
Receive a bill of costs from us;
Request an itemised bill of costs after you receive a lump sum bill from us;
Request written reports about the progress of your matter and the costs incurred in your
matter;
Apply for costs to be assessed within 12 months if you are unhappy with our costs
(see para 1.4 below);
Apply for the costs agreement to be set aside (see para 1.4 below);
13 Legislation, ‘Legal Profession Act 2004 No 112’ (2013) VRSB 484
8728597995870942813.docx Page 45 of 65

Accept or reject any offer we make for an interstate costs law to apply to your matter
(see para 1.3 below);
Notify us that you require an interstate costs law to apply to your matter
(see para 1.3 below); and
Be notified of any substantial change in the matters disclosed in this Notice.
1.2 This Disclosure Notice provides my client (ORR) with information about our legal
services, the cost of those services and your rights. For more information about your
rights, please read the facts sheet titled Legal Costs – Your right to know. You can ask
us for a copy, or obtain it from the Queensland Law Society or download it from their
website at qls.com.au > For the Community > ORR and his solicitor (JT) > Solicitors’
fees and charges. You can also obtain information from the Legal Services
Commissioner www.lsc.qld.gov.au.
1.3 The law of Queensland will apply to our proposed costs agreement. You have the right
to enter into a negotiation of property settlement with his family member on the basis
that a similar law of another state or territory is applicable. For example, where our
services are being primarily provided in another state or territory or where the matter
has a substantial connection with that other state or territory. Further you 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.14
1.4 The following avenues are open to you under the terms of the Legal Profession Act
2007 (Qld) in the event of a dispute in relation to legal costs
To apply for a costs assessment within 12 months of delivery of a bill or request for payment
or such extended time as may be permitted by the court or costs assessor after considering
14 LPA s302, 303 and LPRQ reg 79
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the reason for the delay, and to apply to set aside the costs agreement within six years or
other times as the law permits.
How this law practice charges15
2.1 There are several different methods by which legal practices charge 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. This law practice’s
professional fees charged will be as;
Option 1
A sum of $250 + GST of $15 per hour inclusive in GST will be charged basically. If a Clerk
is used then a sum of $100 + $10 per hour will be charged respectively.
If the agreement is terminated either by ORR or on a permitted ground by this law practice,
you will be required to pay the professional fees charges and disbursements and outlays up to
the date of termination. For matters involving lump sum fees, please refer to clause 11 in
relation to fees payable in relation to early termination. You will be liable to pay this law
practice whether or not the other party to any court proceedings has to pay your costs of the
proceedings. They will be charged as follows:
Alternate Dispute Resolution16 for fee calculation is usually used under cost agreements made
between the parties.
These amounts will be estimated every 6 minute intervals and even time will be charged in 6
minute intervals – with six minutes being the minimum interval recorded for professional
15 Basis of fee calculation – LPA s308(1)(a)
16 Donna Cooper & Rachael Field, ‘The family dispute resolution of parenting matters in Australia: an analysis
of the notion of an ‘independent’ practitioner’ (2008) QUTLJJ 175.
8728597995870942813.docx Page 47 of 65

services. For example the time charged for an attendance of up to six minutes will be one unit
and the time charged for an attendance between six and twelve minutes will be two units.
2.2 Fees for other items are:
Photocopying $ 0.5 * per page
Faxes $ 1* per page
Document lodgement $ 0.5* per attendance
Searches and other paralegal etc $ 2* per attendance
Secretarial and word processing $ 1* per hour
Some computer services $ 1* per hour
Clerical and accounting services $ 1.5* per hour
General library services $ 1* per hour
2.3 Expenses and disbursements are sums of money which this law practice pays
(or becomes liable to pay) to others on your behalf. These may include, for example:
Conference fees
Negotiation fees
Disclosure management fees
Drafting fees
Copying fees
Communication with the third part fees
Transaction specific banking charges
Process servers and investigators
Clinical records from hospitals
8728597995870942813.docx Page 48 of 65

Medical, experts’ reports and/or other external consultants
Witnesses fees and expenses
Postage courier and messengers
Transcripts charges
Other law practice fees (including barrister’s fees)
Travel expenses and accommodation costs
This law practice will inform you of these expenses and disbursements as well as any other
payments required to be made, as soon as is reasonably practicable.
2.4 Scales of fees fixed by legislation that are applicable to the amounts to be charged
pursuant to this Costs Agreement are:
Based on the standard where the cost will actually become lower than the fixed fees to be
charged i.e. a sum of $250 + GST of $15 per hour inclusive in GST will be charged basically.
If a Clerk is used then a sum of $100 + $10 per hour will be charged respectively.
These estimates are made on the information available at this time and the estimates will
probably change when more information is available to this law practice. Decisions
undertaken by the other parties, changes in legal contract agreement instructions, difficulty in
following the provided instructions, additional information provided by the paralegal or
representative associate of ORR, and problems discovered or arising especially when
conducting cases with a matter of Family-Property associated with the legal case of Family
Law.
Billing, interest charges and contact person17
4.1 Bills will be sent to send you containing information of professional fees, other
17 Right to negotiate/receive bill/request itemised – LPA s308(1)(b)(i)-(iii).
8728597995870942813.docx Page 49 of 65

charges, disbursements, and expenses at the completion of the work
4.2 If bills remain unpaid for 30 days of becoming due for payment, interest may be
charged on the unpaid amount for selecting the alternative in the event that you do
not pay this law practice’s account the proposed costs agreement entitles the exercise
of a solicitor’s lien. Contextually, the lien allows us to retain all your documents and
funds in trust until the account is paid.
4.3 You may contact JT regarding your legal costs.
Substantial changes to disclosure18
5.1 You will be informed, as soon as is reasonably practicable, of any substantial changes
to anything contained in this disclosure document.
Engagement of another law practice (eg barrister)
6.1 It the event that this legal practice engages on your behalf another law practice to
provide specialist advice (eg a arrister) or services you will be advised.
Ending arrangements
7.1 You may end our engagement by written notice however you remain liable for the
legal costs up until that time. If you do not pay monies in accordance with the costs
agreement, this law practice may suspend work and may cease acting for you.
8.3 If you are unsuccessful in the litigation the following is the range of costs (inclusive of
any GST amounts) that may be recovered against you by the other party. It is not
possible at this time to provide an accurate estimate and the sums given below are
merely estimates:
18 Right to be notified of a substantial change in disclosed matters – LPA s308(1)(b)(iv) and 315.
8728597995870942813.docx Page 50 of 65

According to the user’s pay rule, each party will be his/her own cost: $100* to $10*.
A presence of successful defendant: $80* to $100*.
Acquiring the consents of Federal Circuit Court of Australia: $60* to $80*.
8.4 If settlement of your claim is being resolved by alternate dispute resolution, prior to
any agreement resolving the matter this law practice will provide you with a
reasonable estimate of overall costs payable by ORR on settlement. A reasonable
estimate of the costs you would obtain from the third party (his former wife) on
settlement if the settlement is favourable to you or a reasonable estimate of the
property to be settled with her, ORR may have to pay the agreed costs to her.
Family Law
Acknowledgement
Mr. Andrew ORR and his solicitor (JT) along with his former wife (Madeline Grace ORR) further
acknowledge that we have read and understood the legal contents of this Disclosure Notice.
Andrew ORR / Madeline Grace ORR / /
of // Client/Associated Third Party // Date
Andrew ORR / Madeline Grace ORR / /
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MOUNT GRAVATT LAW CENTRE
Disclosure notice (s308)19
Legal Profession Act 2007 (Qld)
Matter: Family - Children
 4.08.2019
 Mr. ORR will pay $330, inclusive of GST per hour. If a clerk is required, he/she will
be paid $110, GST included per hour. Outlays for copying, as well as, stuff will be
included under advised costs
 Represent client (ORR) relating to all work included in an application to the Federal
Law Court of Australia for settling his children’s matter. This includes (but not
limited to) conferences, drafting, copying, filing, serving, and any court attendances
 The matter of the Decree of Divorce duration of agreement from 9.00 am to 11.00am
Legal fees – ORR rights
1.1 ORR has the right to:
Request written reports about the progress of your matter and the costs incurred in your
matter;
Apply for costs to be assessed within 12 months if you are unhappy with our costs
(see para 1.4 below);
Apply for the costs agreement to be set aside (see para 1.4 below);
Accept or reject any offer we make for an interstate costs law to apply to your matter
(see para 1.3 below);
19 Legislation, ‘Legal Profession Act 2004 No 112’ (2013) VRSB 484
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Notify us that you require an interstate costs law to apply to your matter
(see para 1.3 below); and
Be notified of any substantial change in the matters disclosed in this Notice.
1.2 This Disclosure Notice provides my client (ORR) with information about our legal
services, the cost of those services and your rights. For more information about your
rights, please read the facts sheet titled Legal Costs – Your right to know. You can ask
us for a copy, or obtain it from the Queensland Law Society or download it from their
website at qls.com.au > For the Community > ORR and his solicitor (JT) > Solicitors’
fees and charges. You can also obtain information from the Legal Services
Commissioner www.lsc.qld.gov.au.
1.3 The law of Queensland will apply to our proposed costs agreement. You have the right
to enter into an agreement as per his children’s order. For example, where our services
are being primarily provided in another state or territory or where the matter has a
substantial connection with that other state or territory. Further you 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.20
1.4 The following avenues are open to you under the terms of the Legal Profession Act
2007 (Qld) in the event of a dispute in relation to legal costs
To apply for a costs assessment within 12 months of delivery of a bill 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, and to apply to set aside the costs agreement within six years or
other times as the law permits.
How this law practice charges21
20 LPA s302, 303 and LPRQ reg 79
21 Basis of fee calculation – LPA s308(1)(a)
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2.1 There are several different methods by which legal practices charge 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. This law practice’s
professional fees charged will be as;
Option 1
A sum of $300 + GST of $30 per hour inclusive in GST will be charged basically. If a Clerk
is used then a sum of $100 + $10 per hour will be charged respectively.
If the agreement is terminated either by ORR or on a permitted ground by this law practice,
you will be required to pay the professional fees charges and disbursements and outlays up to
the date of termination. For matters involving lump sum fees, please refer to clause 11 in
relation to fees payable in relation to early termination. You will be liable to pay this law
practice whether or not the other party to any court proceedings has to pay your costs of the
proceedings. They will be charged as follows:
Alternate Dispute Resolution22 for fee calculation is usually used under cost agreements made
between ORR and his children.
These amounts will be estimated every 6 minute intervals and even time will be charged in 6
minute intervals – with six minutes being the minimum interval recorded for professional
services. For example the time charged for an attendance of up to six minutes will be one unit
and the time charged for an attendance between six and twelve minutes will be two units.
2.2 Fees for other items are:
Photocopying $ 0.5 * per page
22 Donna Cooper & Rachael Field, ‘The family dispute resolution of parenting matters in Australia: an analysis
of the notion of an ‘independent’ practitioner’ (2008) QUTLJJ 175.
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Faxes $ 1* per page
Document lodgement $ 0.5* per attendance
Searches and other paralegal etc $ 2* per attendance
Secretarial and word processing $ 1* per hour
Some computer services $ 1* per hour
Clerical and accounting services $ 1.5* per hour
General library services $ 1* per hour
2.3 Expenses and disbursements are sums of money which this law practice pays
(or becomes liable to pay) to others on your behalf. These may include, for example:
Conference fees
Negotiation fees
Disclosure management fees
Drafting fees
Copying fees
Communication with the third part fees
Transaction specific banking charges
Process servers and investigators
Medical, experts’ reports and/or other external consultants
Other law practice fees (including barrister’s fees)
This law practice will inform you of these expenses and disbursements as well as any other
payments required to be made, as soon as is reasonably practicable.
Billing, interest charges and contact person23
23 Right to negotiate/receive bill/request itemised – LPA s308(1)(b)(i)-(iii).
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4.1 Bills will be sent to send you containing information of professional fees, other
charges, disbursements, and expenses at the completion of the work
4.2 If bills remain unpaid for 30 days of becoming due for payment, interest may be
charged on the unpaid amount for selecting the alternative in the event that you do
not pay this law practice’s account the proposed agreement entitles the exercise of a
solicitor’s lien. Contextually, the lien allows us to retain all your documents and
funds in trust until the account is paid.
4.3 ORR has a right to contact his solicitor (JT) regarding your legal costs.
Substantial changes to disclosure24
5.1 You will be informed, as soon as is reasonably practicable, of any substantial changes
to anything contained in this disclosure document.
Engagement of another law practice (eg barrister)
6.1 It the event that this legal practice engages on your behalf another law practice to
provide specialist advice (eg a arrister) or services you will be advised.
Ending arrangements
7.1 You may end our engagement by written notice however you remain liable for the
legal costs up until that time. If you do not pay monies in accordance with the
agreement made with his children, Family law practice may suspend work and may
cease acting for you.
8.3 If you are unsuccessful in the litigation the following is the range of costs (inclusive of
any GST amounts) that may be recovered against you by the other party. It is not
24 Right to be notified of a substantial change in disclosed matters – LPA s308(1)(b)(iv) and 315.
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possible at this time to provide an accurate estimate and the sums given below are
merely estimates:
According to the user’s pay rule, each party will be his/her own cost: $100* to $10*.
A presence of successful legal representative of ORR’s children: $80* to $100*.
Acquiring the consents of Federal Law Court of Australia: $60* to $80*.
8.4 If settlement of your claim is being resolved by alternate dispute resolution, prior to
any agreement resolving the Family-Children matter this law practice will provide you
with a reasonable estimate of overall costs payable by ORR on settlement. A
reasonable estimate of the costs you would obtain from the third party (his former
wife) on settlement if the settlement is favourable to you or a reasonable estimate of
the property to be settled with her, ORR may have to pay the agreed costs to her.
Family Law
Acknowledgement
Mr. Andrew ORR and his solicitor (JT) along with Children and their legal representative further
acknowledge that we have read and understood the legal contents of this Disclosure Notice.
Andrew ORR / ORR’s Children / /
of // Client/Associated Third Party // Date
Andrew ORR / ORR’s Children / /
Signature of // Client/Associated Third Party
//
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Annexure D- Draft a Cover Letter
MOUNT GRAVATT LAW CENTRE
Solicitors
1030 Cavendish Road, Mt Gravatt, Qld 4030
4.8.2019
Andrew James ORR, 6 Thames Street, New Farm 4005
Dear Sir,
Matter: Advices for the Client
Thank you for your instructions to act on behalf of Mr. ORR and JT Enclosed are: Disclosure
Notice in accordance with the Legal Profession Act 2007 (Qld)25; and our costs agreement.
Set out in the Disclosure Notice documents, we are required by law to disclose to you under
the Legal Profession Act 2007 (Qld). The enclosed documents describe the basis on which we
propose that you engage us. Please ensure that you have carefully read and understood the
Disclosure Notice before considering the terms of the agreement. If you wish to discuss or
clarify the terms of the enclosure with us, please phone me or Jane Smith. Enclosed is our
offer to enter into a costs agreement which you may accept by any one of the following ways
which is identified as signing and returning the enclosed copy of the costs agreement, giving
us instructions after receiving these documents, and oral acceptance.
If you accept this offer you will be regarded as having entered into a costs agreement. Whilst
not essential, we would appreciate you returning signed copies of the Disclosure Notice and
costs agreement at your earliest convenience. Failure to accept our offer within 14 days of
dispatch of this document can result in the immediate withdrawal of our offer to act on your
behalf. By signing this document, you acknowledge that we has provided you with a costs
25 Queensland Law Society, ‘Legal Profession (Solicitors) Rule 2007’ (2007) LSC 60.
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disclosure statement in accordance with section 308(5) of the Legal Profession Act 2007
setting out your rights in relation to legal costs and you have been informed of your right to
seek independent legal advice and your cooling off period of five days. When you accept this
offer to enter a (conditional and/or uplift) costs agreement, this document becomes our costs
agreement and it is referred to in that way below.
 Yours faithfully,
 JT
 Enc.
 Duplicate
Disclosure Notice
Duplicate Costs
Agreement
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MOUNT GRAVAT LAW CENTRE
NEW FILE NOTIFICATION
TO: Accounts Department
FROM: JT
DATE: Today’s Date
RE: NEW FILE DETAILS – (Mr. Andrew James ORR)
1.0 Please find attached new file coversheet/s that provide the information for the
opening of matters on the data base.
2.0 I confirm that the case files are associated with the matter of Family-Divorce and
that the appropriate correspondence has been sent to the client (Mr. Andrew
James ORR).
3.0 I confirm that my client cost agreement/s and disclosure notice/s have been
prepared for the matter of Family-Divorce.
4.0 Please return the opened folders with the appropriate file numbers within the
required 24 hour period in accordance with our New Matter policy and
procedure.
5.0 Please contact me if you require any further information.
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MOUNT GRAVAT LAW CENTRE
NEW FILE NOTIFICATION
TO: Accounts Department
FROM: JT
DATE: Today’s Date
RE: NEW FILE DETAILS – (Mr. Andrew James ORR)
6.0 Please find attached new file coversheet/s that provide the information for the
opening of matters on the data base.
7.0 I confirm that the case files are legally aided with a matter of Family-Property
and that the appropriate correspondence has been sent to the client (Mr. Andrew
James ORR).
8.0 I confirm that my client cost agreement/s and disclosure notice/s have been
prepared for the matter of Family-Property.
9.0 Please return the opened folders with the appropriate file numbers within the
required 24 hour period in accordance with our New Matter policy and
procedure.
10.0 Please contact me if you require any further information.
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MOUNT GRAVAT LAW CENTRE
NEW FILE NOTIFICATION
TO: Accounts Department
FROM: JT
DATE: Today’s Date
RE: NEW FILE DETAILS – (Mr. Andrew James ORR)
11.0 Please find attached new file coversheet/s that provide the information for the
opening of matters on the data base.
12.0 I confirm that the case files are legally aided with a matter of Family-Children
and that the appropriate correspondence has been sent to the client (Mr. Andrew
James ORR).
13.0 I confirm that my client cost agreement/s and disclosure notice/s have been
prepared for the matter of Family- Children.
14.0 Please return the opened folders with the appropriate file numbers within the
required 24 hour period in accordance with our New Matter (Family-Children
Matter) policy and procedure.
15.0 Please contact me if you require any further information.
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Annexure F –Memorandum
MT GRAVATT LAW CENTRE
INTERNAL MEMORANDUM
TO: Mr James Thomsen
FROM: Paralegal
DATE: 4th August, 2019
RE: Family Law Courts of Australia
1. 0 Al three cases have been reviewed in details
2.0 The cases have been dealt by different courts
3.0 Fees related to the cases have been presented in the file
Based on the above completed aspects related to the three cases, you need to,
1.0 Provide Andrew James ORR with info relating to the costs in relation to marriage,
families, and separation brochure.
2.0 Give legal advice to the Client so that he can understand the issue in details
3.0 Please be more careful while looking into the three legal matter appropriately
4.0 The legal matters will be charged on an hourly base
5.0 Make sure to analyse the binding precedent
6.0 Please also make sure that you have segregated the facts accordingly
7.0 Please ensure that you have summarised the obtained results in a logical manner
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References
Australian Government Solicitor, 2002, ‘Outsourcing: Agency Obligations under the privacy
act’, Legal Briefing, pp. 1-8.
Cooper, D, & Field, R, 2008, ‘The family dispute resolution of parenting matters in Australia:
an analysis of the notion of an ‘independent’ practitioner’, Queensland University of
Technology Law and Justice Journal, pp. 158-175.
Legal Profession Act 2007 (Qld)
Legislation, 2014 ‘Legal profession act 2004 no. 046, Chief Parliamentary Council, pp. 1-
623.
Legislation, 2016, ‘Legal profession act 2007’, Queensland, pp. 1-572.
LPA s 310(1).
Queensland Law Society, 2007, ‘Legal profession (solicitors) rule 2007’, Legal Services
Commission, pp. 1-60.
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