Peter May, Commercial Lawyer


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Costs Agreement

Terms of Engagement





Offer by Law Practice to Enter into Costs Agreement


This is an offer to enter into a costs agreement for the law practice to provide the legal services described in paragraph 3 of Part 2 on the terms and conditions set out in Part 2 and Part 3 and in the special conditions. This offer may be accepted by you in writing or by your conduct by continuing to give instructions to the law practice.


Part 1 - Agreement

You agree with the law practice that:

apply in relation to the services which are to be performed for you by the law practice.


Your signature _____________________________________________________

Sole practitioner/law practice Signature ________________________________

Dated this __________________________ 20___


Part 2 - Schedule

1. Client's Details

Your Name __________________________________________________
Your address __________________________________________________
Business address __________________________________________________
Facsimile ______________________
Telephone work _________________
Mobile _________________________
E-mail _________________________

2. Details of Law Practice

PETER MAY, Commercial Lawyer
20 Prince Street Busselton
Western Australia 6280

Facsimile: +61 8 9754 4966
Telephone: +61 8 9752 4899
Email: reception@petermay.com.au
Internet: www.petermay.com.au

3. Legal services

[Here will be inserted a brief description of the work the law practice has been instructed to do at the time this Agreement is entered into.]

4A. Legal costs -

The law practice will charge you as follows:

(a) on an hourly rate calculated on a time cost basis of 6 minutes ("1 unit"). The minimum charge is 1 unit (even if actual time spent is less). The current hourly rate is AUD $465 per hour exclusive of GST.


(b) Disbursements. See law practice's schedule attached to this Agreement.

OR [Delete if not applicable]

4B. Legal costs

The law practice will charge you legal costs and disbursements on the following basis:

$_____________

Law practice to specify the amount, inclusive of GST, where the service is being provided for a set or fixed fee.


THE ESTIMATES IN PARAGRAPHS 5-8 ARE BASED ON THE INFORMATION AVAILABLE AT THE TIME OF PREPARING THIS AGREEMENT. THESE ESTIMATES ARE NOT QUOTES.

5. Estimate of total Client/Lawyer costs

Law practice's overall estimate of legal costs (including disbursements) payable by you to the law practice under this Agreement ("Client/Lawyer costs").

$______________ inclusive of GST

6. Estimate if this agreement did not apply

Law practice's estimate of the legal costs (including disbursements) which would be payable
by you to the law practice if this Agreement did not apply.

(These costs are calculated under the relevant scale determined by the Legal Costs Committee or otherwise as applicable in the relevant Court or Tribunal.)

$______________ inclusive of GST


7. Estimate of costs you may recover if you are successful

Law practice's estimate of the amount of your legal costs (including disbursements) to which you may be entitled from another person if you win.

(These costs are calculated under the relevant scale determined by the Legal Costs Committee or otherwise as applicable in the relevant Court or Tribunal.)

$_____________ to $______________ inclusive of GST

[Delete if not applicable]

8. Estimate of other party's costs if you are unsuccessful

Where possible, the law practice's estimate of the amount of the other party's legal costs (including disbursements payable by you if you lose.)

(These costs are calculated under the relevant scale determined by the Legal Costs Committee or otherwise as applicable in the relevant Court or Tribunal.)

[If not possible to estimate the other party's legal costs, please specify.]

$____________ to $___________ inclusive of GST

[Delete if not applicable]

9. Payment in advance

Amount which you agree to pay in advance on account of legal costs and disbursements.

$_____________(inclusive of GST)

[Delete if not applicable]

10. Rate of interest

The rate of interest you agree to pay on unpaid legal costs, if the costs are unpaid 30 days or more after the law practice has given a bill for the costs, is the rate prescribed by the Act and the Legal Profession Regulations 2009. The statutory rate is a floating rate that varies from time to time in accordance with independent determinations.

11. GST

You acknowledge that GST is payable in respect of each taxable supply made under this Agreement and that all charges including disbursements shown in this Agreement are inclusive of GST.

"GST", "taxable supply" and "tax invoice" have the meaning given in A New Tax System (Goods & Services Tax) Act 1999.

12. Chargeable fees

You acknowledge that the fees chargeable under the terms of this Agreement may be more than would be chargeable in the absence of this Agreement.

13. Additional arrangements

Please refer to the attachment below entitled " Costs Disclosure" for further information which is applicable to you and which details additional terms and conditions applicable to you under this costs agreement. Please also refer to the special conditions below. In the event of any inconsistency between the Terms and Conditions in Part 3 and the special conditions, then the special conditions shall prevail. If you have any queries regarding the applicable terms and conditions which apply please do not hesitate to contact me.



Part 3 - Terms and Conditions

The Terms and Conditions are here.

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