Peter May, Commercial Lawyer


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Special Conditions

Terms of Engagement

Special Conditions


Each client agrees that the following terms apply to each and every matter in respect of which you instruct me to act for you:

1. I am authorised and instructed to act in the matter until you give me express instructions to discontinue.

2. For all work done on your behalf you shall pay me according to my then current rates of charge which you acknowledge I may review from time to time. The current hourly rates of charge are as set out here and with which you agree. You agree that the costs disclosed are reviewed and amended from time to time and that publishing the new rates on this website is sufficient notice for you of the change in rates.

3. All professional time engaged on your matter will be charged by you at pro rata charges for part of an hour with a minimum charge of 1/10th of an hour as disclosed in the costs disclosure and as stated in the Solicitors Costs Determination.

4. You acknowledge that any estimate of fees which I give you:
(a) does not comprise a fixed quote unless it is in writing signed by me and expressed to be a quote, and
(b) is an estimate only which may increase or decrease throughout the course of the matter.

5. I may in my absolute discretion call for moneys on account of costs and disbursements in such amount as I consider reasonable from time to time. You agree that I may require funds to be paid to me to be held in my trust account on account of costs and disbursements incurred by you. My appointment constitutes an irrevocable authority for me to apply the funds which I may from time to time hold on your behalf, including but not limited to funds held in my trust account, to the payment of my fees, charges and disbursements rendered from time to time.

6. I may render interim accounts from time to time during the course of work carried out. Usually interim accounts will be rendered monthly or quarterly at my discretion. I am irrevocably authorised and instructed to transfer funds held by me on your behalf in your trust account or elsewhere in payment of any outstanding account or disbursement including any interim account.

7. If moneys are called for by me to be held on account of costs or disbursements, or if interim bills are not paid within fourteen (14) days I may immediately cease to act, or suspend acting, for you.

8. You will pay all disbursements and charges incurred by me with your prior authority or where incurred without prior authority where the amount of the disbursement or disbursements does not exceed in the aggregate $500 or where it is not reasonably practicable for me to seek authority and I consider it necessary or desirable to incur the disbursement for the proper conduct of the matter.

9. You will pay my normal photocopying, facsimile and email charges at my standard rates from time to time (which charges shall not exceed the rates from time to time determined by the Legal Costs Committee) together with all service and other fees incurred for all long distance telephone calls and facsimiles made or incurred by me on your behalf.

10. You irrevocably agree that any funds provided by you or on your behalf and which are held by me in my trust account may be applied by me toward the purposes for which they are provided and including such further or other purposes as directed by you from time to time whether in writing or orally and that this contract shall constitute evidence of your irrevocable consent for me to apply those funds for that purpose as is required from time to time both in respect of the current matters in respect of which you have instructed me and also for all future and other matters instructed to me by you or on your behalf and whether applicable to you or any person, corporation or entity on your behalf or for whom you have informed me that you are authorised to provide me with instructions.

11. I am entitled to deny you access to your file and all information on it until all of my accounts are paid in full.

12. Where work is carried out for you on your behalf and where you are a company you agree that instructions to proceed will bind the directors of the company personally to pay all outstanding accounts together with interest thereon if the same remains unpaid. In that case you agree that the company is authorised as the agent of the directors to bind them and that they shall jointly and severally guarantee and indemnify me against all costs, expenses and losses suffered by me as the result of any failure or delay by you in the payment of my fees and disbursements.

13. These conditions apply in relation to all work carried out by me even if the work is entirely unrelated to the matter on which I was first instructed. These conditions may not be varied or waived except in writing and signed by me. These terms and conditions, together with the above Costs Disclosure, comprise the entire agreement between us in relation to the terms of my engagement.

14. You are responsible for the payment of all GST charged in respect of your accounts.

15. Advice which I give is based on the law which is current at the time I give the advice and I am not obliged to notify you at a later date of any subsequent changes to the law. If you leave documents with me for whatever reason this does not create an obligation on my part to monitor those documents and advise you of changes in the law which might affect you.

16. Documents or other objects which you leave with me for safe keeping or holding on your behalf are held by me to your order and I may at any time inform you that I will no longer retain them. I shall in that case be entitled to return all such documents and objects to you. I provide no warranty or guarantee that documents or objects held by me will be secure. All documents and objects held by me are held at your risk and if you wish to insure them you are responsible for doing so. Documents and objects held by me on your behalf are not insured by me.

By engaging my services you agree to the above forming the terms of the agreement between us and that I may review and amend these terms and conditions periodically. Publication on this website of amended conditions shall constitute notice to you of all changes. You acknowledge having read and understood these terms and having had the benefit of obtaining independent advice on them, or at least having had the opportunity to obtain independent advice on it. You agree that this agreement constitutes a binding legal agreement between us.

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(c) Peter May 2006 | reception@petermay.com.au

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