BSBLEG510: Family Law Client File, Agreements, and Disclosure Analysis

This assignment presents documentation related to family law matters, including client file coversheets, cost agreements, and disclosure notices. The provided materials detail a client's information, including contact details, the nature of the legal matter (children's orders, property, and divorce), and important dates. The assignment includes a client agreement outlining the scope of legal services, fee structures (hourly rates, disbursements, and potential lump-sum fees), billing procedures, and clauses regarding termination. Disclosure notices, as required by the Legal Profession Act 2007 (Qld), are also included, informing the client of their rights and the legal fees. The assignment aims to provide an understanding of the legal processes, documentation, and client communication involved in family law cases.

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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