MATHEWS FAMILY LAW USER AGREEMENT

SMART SOLUTIONS. PERSONAL ATTENTION.

Pursuant to s 3.4.26 of the Legal Profession Act 2004 (Vic)

1. PREAMBLE

1.1 The Legal Profession Act 2004 (Vic) (the Act) allows a law practice and the client to agree on how the law practice’s legal costs are to be calculated and paid. It is called a ‘Costs Agreement’ (hereinafter known as a ‘User Agreement’) and it may be enforced in the same way as any other contract.

1.2 The client may accept the User Agreement by checking the box at the end of this User Agreement:

1.3 The client acknowledges that the firm is not obliged to perform any work for the client until the client has checked and submitted the User Agreement and made the pre-payment to the firm.

2. DEFINITION

This agreement is a ‘User Agreement’ for the purposes of section 3.4.26 of the Act.

3. RETAINER

3.1 The client retains the firm to act on the client’s behalf in relation to the client’s Application for Divorce matter and matters ancillary thereto upon the terms and conditions set out below

4. PROFESSIONAL FEES AND CHARGES

4.1 FIXED FEE APPLICATION FOR SIMPLE DIVORCE

4.1.1 The client acknowledges that the client shall be charged a fixed fee for of $825 including GST for the following legal services:

4.1.1.1 Obtaining the client’s instructions to prepare an Application for Divorce;

4.1.1.2 Drafting and engrossing an Application for Divorce;

4.1.1.3 Drafting and typing a letter of advice to the client enclosing the Application for Divorce and instructions for swearing and return to the firm together with all further documents as advised;

4.1.1.4 Filing the Application for Divorce and further documents in the Federal Circuit Court of Australia at Melbourne;

4.1.1.5 Arranging service of the Application for Divorce upon the client’s spouse (being one attempt within 30 kilometres of the Melbourne GPO);

4.1.1.6 Obtaining an Affidavit of Service;

4.1.1.7 Filing the Affidavit of Service in the Federal Circuit Court of Australia at Melbourne;

4.1.1.8 Advising the client in writing of the date for the hearing of their Application for Divorce;

4.1.1.9 Receiving and forwarding to the client any spouse response to the Application for Divorce;

4.1.1.10 Receiving the client’s Divorce Order from the Federal Circuit Court of Melbourne;

4.1.1.11 Drafting and typing a letter to the client advising the outcome of the client’s Application for Divorce and enclosing a copy of all sealed Court documents prepared in the client’s matter.

4.2 FIXED FEE PLUS HOURLY RATE APPLICATION FOR COMPLEX DIVORCE

4.2.1 The client acknowledges that if the client’s circumstances are such that a Divorce cannot be obtained by the procedure set out in paragraph 4.1 herein, and additional material in support of the Application for Divorce must be prepared, filed and served, or the firm’s attendance at the hearing of the Application for Divorce at the Federal Circuit Court of Australia at Melbourne (or other Registry as instructed) is required, or further attempts at service are required, etc, the client will pay the additional cost of all such services in accordance with the hourly rate of the person involved in the client’s matter.

4.2.2 The client will be provided with a written estimate of the additional costs to be incurred by a complex Application for Divorce

4.2.3 The current hourly rates of the people likely to be involved in the client’s matter are:

SCALE OF CHARGES

Name	Position	Hourly Rate (excl. GST)	Hourly Rate (incl. GST)
Vanessa Mathews	Accredited Family Law Specialist, Managing Director	$620.00	$682.00
Kristian La Rocca	Senior Associate	$500.00	$550.00
Legal Assistant		$250.00	$275.00

4.3 DISBURSEMENTS

4.3.1 Unless there are funds held in the firm’s trust account, the client will pay to the firm upon request all necessary and proper disbursements (expenses) which the firm has incurred or reasonably intends to incur in properly representing the client. These expenses may include (but are not limited to):

4.3.1.1 Federal Circuit Court Application for Divorce filing fee $845 (or such other filing fee as may be payable upon the filing of an application for filing fee relief);

4.3.1.2 Process server’s fee $125 plus GST, plus additional fees where service is required in a regional area or where multiple attempts are required;

4.3.1.3 Barrister’s fee as charged by the barrister (if it is necessary to retain a barrister).

4.3.2 The firm may ask the client to pay such amounts as are required for expenses it expects to incur plus any GST that may be payable.

4.3.3 The firm shall not be obliged to incur or pay any such disbursement unless and until the client has complied with that request.

5. BRIEFING COUNSEL

5.1 The firm is authorised as agent for the client to brief a barrister to appear at the hearing of the client’s application for divorce in the Federal Circuit Court of Australia at Melbourne (or at any other Registry as instructed) provided that except in circumstances of urgency or where it is otherwise impracticable, the firm shall discuss with and take into account the clientâ??s wishes when briefing a barrister.

5.2 The client shall pay the barrister’s fees which are billed to the firm.

6. RETAINING AGENTS

6.1 The firm is authorised as agent for the client to retain an agent if necessary provided that, except in circumstances of urgency or if it is otherwise impracticable, the firm shall discuss with and take into account the clientâ??s wishes when so engaging an agent.

6.2 The client shall pay all agent fees which are billed to the firm.

7. GOODS AND SERVICES TAX (GST)

7.1 If GST is payable in relation to any professional fees and charges, disbursements, counsel’s fees, expert witness fees and/or agent fees, an amount equal to such GST shall be added and be paid by the client.

8. INTERIM ACCOUNTS

8.1 Unless otherwise agreed:

8.1.1 The firm shall send the client interim accounts on a regular basis during the conduct of the matter; and

8.1.2 The client shall pay accounts within 14 days of the date of the account (the due date); and

8.1.3 Upon the client completing and signing the Credit Card Payment Authority incorporated into this User Agreement the client consents to and authorises the firm to charge to the client’s credit card all such accounts when rendered.

9. INTEREST ON OVERDUE ACCOUNTS

9.1 The client acknowledges that any account not paid in full within 30 days of the date of the tax invoice incurs interest at the cash rate target plus 2% pursuant to s 3.2.4.21(1) and (2) of the Act. All accounts are due to be paid in full 14 days from the date of the account (‘the due date’).

9.2 If the client does not pay the firm’s account, the firm will be entitled to exercise a common law right known as a ‘solicitor’s lien’. The lien allows the firm to retain the client’s funds, papers and other property in the firm’s possession until the account is paid.

10. FIRM’S DUTIES

10.1 The firm shall carry out the work required with professional skill and diligence.

10.2 The firm shall as far as practicable keep the client fully informed of the progress of the matter.

11. TERMINATION OF AGREEMENT BY CLIENT

11.1 The client may terminate this User Agreement and withdraw their instructions by written notice at any time and for any reason.

11.2 If the client terminates this User Agreement any fees owing to the firm shall become immediately due and payable.

12. CEASING TO ACT

12.1 Without limiting the circumstances in which the firm is otherwise by law entitled to cease to act for the client, the firm will no longer be required to act for the client if:

12.1.1 The client unreasonably refuses to act in accordance with the firm’s advice;

12.1.2 An amount in excess of $1,000.00 in respect of any account is outstanding to the firm for more than 60 days from the due date;

12.1.3 The client does not within 7 days comply with a request to pay a disbursement under clause 4 or a pre-payment under clause 13 of this User Agreement;

12.1.4 The client requires the firm to act unlawfully or unethically; or

12.1.5 The client fails to give the firm adequate or timely instructions; and in that event:

12.1.5.1 The firm shall not be obliged to take any further step in the conduct of the matter;

12.1.5.2 The firm shall not incur any liability as a result of ceasing to act for the client;

12.1.5.3 The firm shall be entitled to file a Notice of Ceasing to Act with the relevant Court;

12.1.6 If the firm continues to act for the client or takes any further step on behalf of the client, it does so without affecting its rights under this clause;

12.1.7 Notwithstanding any agreement to the contrary, the client will receive a final account which will include all outstanding fees owing to the firm and which shall become immediately due and payable; and

12.1.8 The firm will retain the client’s file and keep the client’s funds, papers and other property until the account is paid.

13. PRE-PAYMENTS

13.1 The client shall pay into the firm’s trust account upon accepting this User Agreement any pre-payment requested by the firm on account of future fees, disbursements, counsel’s fees, agent’s fees and the client acknowledges that the firm is not obliged to perform any work until it has received such pre-payment.

13.2 The firm is authorised to transfer monies held in its trust account on behalf of the client to pay counsel’s fees, agents fees or other disbursements incurred on the clientâ??s behalf, and to meet accounts (including interim accounts) rendered to the client by the firm from time to time.

13.3 Should the total amount of any pre-payment(s) exceed the firm’s costs, the firm shall refund the balance to the client upon completion of the matter.

13.4 At various stages of the matter the client will be provided with an estimate of future fees. The client is entitled, without charge, to seek an estimate of future fees, but such estimates shall not be deemed to be a binding quotation.

13.5 The pre-payment required upon the commencement of the retainer for a simple divorce is $1,845 and the client agrees to, and authorises such, pre-payment by completing and signing the Credit Card Payment Authority incorporated in this User Agreement

13.6 The pre-payment required upon the commencement of the retainer for a complex divorce is $2,000 and the client agrees to, and authorises such, pre-payment by completing and signing the Credit Card Payment Authority incorporated in this User Agreement

14. LIEN

14.1 Without affecting any lien to which the firm is otherwise entitled at law over funds, papers and other property of the client in the firm’s possession:

14.1.1 The firm shall be entitled to retain by way of lien any funds, property or papers of the client which are from time to time in its possession or under its control until all costs, disbursements, interest and other monies due to the firm have been paid; and

14.1.2 The firm’s lien will continue notwithstanding that the firm ceases to act for the client in accordance with clauses 12.

15. PRIVACY

15.1 The client agrees to the firm:

15.1.1 Collecting (whether from the client directly or from any other party) personal information and sensitive information about the client (‘information’) to enable the firm to perform the work and/or protect the client’s legal position;

15.1.2 Using and disclosing to any party (whether within or outside Australia) such of the information as the firm considers necessary to perform the work and/or protect the client’s legal position;

15.1.3 Using the information to market the firm’s services and products to the client (unless the client requests us to cease doing so); and

15.1.4 In accordance with the firm’s Privacy Policy as published on the websites mathewsfamilylaw.com.au and divorce-online.com.au.

15.2 The firm advises that the client may seek access to the information by contacting our Vanessa Mathews either by telephone 03 9804 7991 or alternatively by email on[email protected]. The firm advises that, if the client is to be granted access to any of the information, an appointment will be made for the client to attend personally at the firm’s offices for that purpose and the firm advises that the client must pay the firm’s reasonable costs in providing that access.

15.3 The firm has the right to disclose any of the information referred to above to any party described above under the heading ‘Privacy’. The types of parties to whom the firm would usually disclose the information could include firm staff, lawyers in other firms, barristers, Judges, Court staff, relevant witnesses, the firm’s agents, other persons or firms providing other services to us and any other party with whom the firm may deal on the client’s behalf.

16. ORDERS FOR COSTS IN THE PROCEEDINGS

If, in the proceedings to which this User Agreement relates, an order is made requiring another party to the proceedings to pay the clientâ??s costs (or any part thereof) of the proceedings, that order shall not affect the client’s obligation to pay the firm’s accounts as rendered to the client in accordance with this User Agreement.

17. CONTINUATION OF USER AGREEMENT

17.1 Even though interim accounts may be rendered from time to time, this User Agreement will continue in force unless and until terminated in accordance with its provisions.

17.2 This User Agreement shall be binding upon the heirs, executors, administrators and assigns of each party.

18. RETENTION OF DOCUMENTS

18.1 At the completion of the client’s matter and following payment of all legal costs, the firm will, at the client’s request, return to the client all documents belonging to the client which are contained in the firm’s file.

18.2 This User Agreement will be the client’s consent to the destruction of the client’s files after 7 years from the date of the final account rendered to the client by the firm.

18.3 Unless otherwise instructed, after 7 years from the date of the firm’s final account the firm will destroy all files and all paper within them.

18.4 The client acknowledges that such documents will be held by the firm at a secure storage facility and agrees to pay the storage redemption fee, set out in the Schedule herein, if the file is redeemed from storage at the client’s request.

18.5 If at any time the file is retrieved from the storage facility at the client’s request, the client agrees to pay the storage retrieval fee.

19. COSTS OF RECOVERY

19.1 The client will be solely liable and shall pay all legal costs and disbursements howsoever incurred by the firm in relation to the recovery of any outstanding accounts.

19.2 Such costs and disbursements will be deemed to run from 15 days after the date of any accounts rendered by the firm to the client.

19.3 Such costs and disbursements are in addition to the payment of any interest and are payable regardless of whether or not the firm elects to charge interest on any outstanding accounts.

20. CONTINUATION OF USER AGREEMENT

20.1 Even though interim accounts may be rendered from time to time, this User Agreement will continue in force and until terminated in accordance with its provisions.

20.2 This User Agreement is binding upon the legal personal representative(s) of the client.

21. ACKNOWLEDGMENTS

The client acknowledges and confirms by signing this User Agreement that:

21.1 The client has received, read and understood:

the Disclosure Notice for Litigious Matters pursuant to s 3.4.9 of the Act;
the Form B3 Notice to Accompany Disclosure Statements pursuant to reg 3.4.4 of the Act;
the Form B4 Notice to Accompany Accounts pursuant to s 3.4.25 of the Act;
the Legal Costs – Your Right to Know fact sheet prepared by the Legal Services Commissioner;
the Your Right to Challenge Legal Costs fact sheet prepared by the Legal Services Commissioner;
the Marriage, Families & Separation brochure prepared by the Family Court of Australia; and

21.2 The client has received notice from the firm and understands the following matters:

the basis upon which costs will be charged;
an estimate of the total costs of conducting the case;
how party-party cost may apply in addition to the client’s own costs;
whether any lawyer or an expert witness will be retained and, if so, the estimated cost;
the total amount of work done by the firm; and
the basis upon which the firm’s costs will be calculated.

21.3 The client has been advised to obtain independent legal advice as to the legal and practical nature and effect of this User Agreement and as to whether or not it is in the interests of the client to enter into it and that it is in the interests of the client to obtain such advice before entering into this User Agreement;

21.4 Each account rendered shall be regarded as a final account for work done as described in the account and any information included in the account, setting out details of amounts owing in respect of previous accounts shall not, for the purposes of the Legal Profession Act 2004 (Vic) or any subsequent determination, form part of the later account; and

21.5 The firm may be obliged to disclose to the Court and other parties the contents of this User Agreement and the source of the funds used to pay the client’s costs.

22. ACCEPTANCE OF AGREEMENT BY YOU

22.1 This document constitutes an offer to enter into a User Agreement, the terms of which are set out herein. If you accept this offer, you will be bound by the terms and conditions of this document. You may accept this User Agreement by checking the box below:

Note: As per section 3.4.34(4) of the Legal Profession Act 2004 (Vic) we are obliged to deliver bills either in person or by post. If you would like to receive bills by electronic means (such as e-mail, fax etc) please check the following box or otherwise inform us in writing.

MATHEWS FAMILY LAW DISCLOSURE STATEMENT LITIGIOUS MATTERS

Pursuant to s 3.4.9 of the Legal Profession Act 2004 (Vic)

1. PREAMBLE

Under s 3.4.9 of the Legal Profession Act 2004 (Vic) (the Act) Mathews Family Law (the firm) must disclose to you (the client) the following information relating to legal costs.

2. HOW MATHEWS FAMILY LAW CHARGES

2.1 SIMPLE DIVORCE – FIXED FEE

The client acknowledges that a fixed fee of $825.00 (including GST) shall be charged for time spent on or incidental to work necessary to prepare a simple application for divorce including, but not limited to, receiving instructions, advising, drafting and engrossing application for divorce, filing application for divorce, serving application for divorce, filing service documents, travelling to and from the office, appearing at Court for the hearing of the application for divorce, telephone calls, drafting and settling documents and letters, reading documents and research as may be required.

2.2 COMPLEX DIVORCE – FIXED FEE & HOURLY RATE

The client acknowledges that in addition to the fixed fee of $825.00 (including GST), units of time shall be charged for time spent on or incidental to work requiring the skill of a lawyer to complete a complex application for divorce including, but not limited, receiving instructions, advising, drafting and engrossing application for divorce, drafting and engrossing further Court documents as necessary, filing application for divorce, serving application for divorce, filing service documents, travelling to and from the office, appearing at Court for the hearing of the application for divorce, telephone calls, drafting and settling documents and letters, reading documents and research as may be required. Units of time will be billed in multiples of one tenth of an hour and the client agrees that the minimum of one tenth of an hour shall be billed for each action carried out.

Lawyers at the firm record their time and each lawyer has an hourly charge rate which reflects that lawyer’s skills and experience.

The current hourly rates of the people likely to be involved in the client’s matter are

Name	Position	Hourly Rate (excl. GST)	Hourly Rate (incl. GST)
Vanessa Mathews	Accredited Family Law Specialist, Managing Director	$620.00	$682.00
Kristian La Rocca	Senior Associate	$500.00	$550.00
Legal Assistant		$250.00	$275.00

The hourly rates include secretarial and word processing services.

These rates are reviewed from time to time and may change. The firm will give the client prior notice of any increase.

The client agrees to pay professional fees for legal services calculated in accordance with the scale of charges including GST as set out herein.

The client acknowledges that the client’s matter will be dealt with primarily by the lawyer to whom the initial instructions were provided,or other lawyers as agreed. From time to time, it will be appropriate for another lawyer at the firm to do some of the work associated with the client’s matter and the client agrees that when this occurs the appropriate rate for that lawyer, as set out herein, will apply. From time to time, the firm may also advise the client that it is necessary to instruct experts to act on the client’s behalf (see clauses 2.3 and 11 of this disclosure statement).

At different stages during the conduct of the client’s matter the firm will give the client information as to the costs both paid and owing at that time, and an estimate of the client’s future costs. The client may ask for that information at any time. No precise forecast of the amount of work that will need to be done can be made at this stage. The amount of work involved will depend on the way the matter progresses. If a matter is resolved without litigation beyond the initial hearing of the application for divorce, the amount of work will include costs of instructions, preparation of necessary documents, and attendances for advice. If the matter involves litigation, beyond the initial hearing of the application for divorce, for example your spouse files a reply to an application for divorce, there will be additional work in the preparation of necessary Court documents, conferences with the client, any witnesses, and counsel (if applicable), and attendances at Court. If the matter proceeds to an appeal there will be extensive further work, possibly including the preparation of affidavits, subpoenas, and various other documents required to properly present the case.

2.3 DISBURSEMENTS

Unless there are funds held in the firm’s trust account, the client will repay to the firm upon request all necessary and proper disbursements (expenses) which the firm has incurred or reasonably intends to incur in properly representing the client, for example (but not limited to), Court filing fees, process server charges and other necessary expenses.

The firm will charge the client at cost for any expense incurred on the client’s behalf. These expenses may include, for example (but not be limited to), filing fees, barrister’s fees, process server fees, etc.

The firm may ask the client to pay such amounts as are required for expenses it expects to incur plus any GST that may be payable.

The firm shall not be obliged to incur or pay any such disbursement unless and until the client has complied with that request.

Prior to engaging the firm you should consider the following publications:

Legal Costs – Your right to know
Your right to challenge legal costs
Form B4 contained in the Legal Profession Regulations 2005 at page 91
Marriage, families & separation

MATHEWS FAMILY LAW USER AGREEMENT

1. PREAMBLE

2. DEFINITION

3. RETAINER

4. PROFESSIONAL FEES AND CHARGES

4.1 FIXED FEE APPLICATION FOR SIMPLE DIVORCE

4.2 FIXED FEE PLUS HOURLY RATE APPLICATION FOR COMPLEX DIVORCE

4.3 DISBURSEMENTS

5. BRIEFING COUNSEL

6. RETAINING AGENTS

7. GOODS AND SERVICES TAX (GST)

8. INTERIM ACCOUNTS

9. INTEREST ON OVERDUE ACCOUNTS

10. FIRM’S DUTIES

11. TERMINATION OF AGREEMENT BY CLIENT

12. CEASING TO ACT

13. PRE-PAYMENTS

14. LIEN

15. PRIVACY

16. ORDERS FOR COSTS IN THE PROCEEDINGS

17. CONTINUATION OF USER AGREEMENT

18. RETENTION OF DOCUMENTS

19. COSTS OF RECOVERY

20. CONTINUATION OF USER AGREEMENT

21. ACKNOWLEDGMENTS

22. ACCEPTANCE OF AGREEMENT BY YOU

1. PREAMBLE

2. HOW MATHEWS FAMILY LAW CHARGES

2.1 SIMPLE DIVORCE – FIXED FEE

2.2 COMPLEX DIVORCE – FIXED FEE & HOURLY RATE

2.3 DISBURSEMENTS

Vanessa Mathews

Managing Director FDRP and Mediator

BCOMM BSW LLB

Accredited Family Law Specialist, FDRP, Mediator and Parenting Coordinator

Book A Free Consult

Vanessa Mathews

Managing Director FDRP and Mediator

BCOMM BSW LLB

Accredited Family Law Specialist, FDRP, Mediator and Parenting Coordinator

Book A Free Consult

Accredited Family Law Specialist, FDRP,
Mediator and Parenting Coordinator

Accredited Family Law Specialist, FDRP,
Mediator and Parenting Coordinator