Legal Profession Act 2007 (Qld)
This is a Disclosure Notice that accompanies our Costs Agreement for the provision of our legal services.
You are the person (“the Client”) named in the covering letter or e-mail that refers to this Disclosure Notice. (“Covering Letter”)
Legal fees – Your rights
You have the right to:
- Negotiate a Costs Agreement 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 below);
- Apply for the Costs Agreement to be set aside (see below);
- Accept or reject any offer we make for an interstate costs law to apply to your matter (see below);
- Notify us that you require an interstate costs law to apply to your matter (see below); and
- Be notified of any substantial change in the matters disclosed in this Notice.
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 www.qls.com.au.
The law of Queensland will apply to the proposed costs agreement. You have the right enter into a costs agreement with us on the basis that a corresponding law of another state or territory is applicable such as where the legal services are or will be completely or primarily provided in, 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.
The following avenues are open to you under the terms of the Legal Profession Act 2007 (Qld) (“LPA”) 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 at other times as the law permits.
Incorporated status of this firm
This firm is an incorporated practice and we advise that:
The Entity making this offer is Mylegal Pty Ltd ACN 613 155 481 as trustee for the Mylegal Unit Trust, trading as “Mylegal”.
The services to be provided are those set out in the Covering Letter.
All legal services to be provided under the Costs Agreement will be provided by an Australian Legal Practitioner or a paralegal under the supervision of an Australian Legal Practitioner.
You will be advised of any legal services that will not be provided by an Australian Legal Practitioner should that situation arise.
The provision of legal services is regulated by the LPA however the provision of non-legal services under the proposed Costs Agreement is not regulated by that legislation.
The information in this paragraph is provided to you in relation to all matters that you may instruct us on an ongoing basis.
How this firm charges
This Firm’s professional fees charged for the Work will be those set out in the Covering Letter.
Estimate of your costs
Our estimate of fees and costs for the Work is contained in the Covering Letter. The estimate is based on the information available to this Firm to date. It is an estimate, not a quotation and it is subject to change.
Billing, interest charges and contact person
Bills will be sent to you containing information of professional fees, other charges, disbursements and expenses and GST at the completion of the work. However, the Bill may be sent to you at other designated stages, in accordance with any separate agreement.
If Bills remain unpaid for 14 days of becoming due for payment, interest may be charged on the unpaid amount at a benchmark rate being the rate prescribed by regulations under the LPA which is the rate that is equal to the Cash Rate Target, as defined by the regulations to the LPA, plus two percentage points as at the date of the Bill. If you do not pay this Firm’s Bill the Costs Agreement entitles the exercise of a solicitor’s lien. The lien allows us to retain all of your documents and funds in trust until the account is paid.
You may contact one of our Directors at any time regarding your legal costs.
Substantial changes to disclosure
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 (e.g. barrister)
Your consent is required before this Firm engages another law practice to provide specialist advice (e.g. a barrister) or services on your behalf.
You may end this retainer 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 Firm may suspend work and may cease acting for you.