Quote Terms and conditions before and after acceptance
[if 144 equals=””]
Terms & Conditions
Your agreement to our costs
By proceeding you agree to the terms and conditions contained herein and agree to appoint us to act in your conveyancing matter and to assist with your property settlement either electronically or non-electronically and in the event you are not or are not intended to be a party to the conveyancing transaction you warrant that you are duly authorised to act on behalf of a party to the conveyancing transaction. Please be advised that while there are additional fees payable to PEXA the national e-conveyancing network (compared to physical settlements) there are reduced fees payable to the title office as well as significant advantages gained which can include time efficiency, immediate property transfer and instantaneous financial settlement. While not all matters can settle electronically, please contact us if you wish to opt-out.
Our costs and inclusions
[if 121 not_equal=”Transfer”]Our costs include all the conveyancing work required in your matter to see you through from commencement to the contract settlement date. Our costs do not include acting for you in any claims or disputes at a tribunal, court or mediation. [/if 121][if 121 equals=”Transfer”]Our costs include the work required in your matter to prepare the necessary forms for your transfer and all ancillary work to facilitate a transfer. Disbursements such as stamp duty (if any), bank fees and searches are extra. [/if 121][if 121 equals=”Sale”]Our costs include drafting the vendor’s statement (section 32). If you property does not sell after 3 months from original issue of the section 32, an update of the section 32 can be prepared for $165 plus cost of searches (only required if the prepared section 32 is no longer current or accurate). [/if 121][if 121 equals=”Purchase”]We take an initial $350 deposit for preliminary work including but not limited to [if 191 not_equal=”Google”][if 176 equals=”Yes”]contract review, [/if 176][/if 191]taking your instructions, title search, perusal of documents and drafting of forms and declarations. The balance is due and payable at settlement.[if 191 not_equal=”Google”][if 176 equals=”Yes”] As you have indicated that a contract has already been entered into, our services do not include a written contract review. If you require a written contract review then an additional $99 applies.[/if 176][if 176 equals=”No”] Our quote includes [if 228 equals=””]1[/if 228][if 228 greater_than=”0″][/if 228] contract review[if 228 greater_than=”1″]s[/if 228] of a Standard Form Contract (prescribed by the Law Institute of Victoria/Real Estate Institute of Victoria) and Vendor’s Statement with $99 payable for every review thereafter.[/if 176][/if 191][if 191 equals=”Google”] We charge $250 for each contract review that you book in with us. [/if 191] Preparing variations to the contract and drafting special conditions (other than conditions relating to finance approval and building or pests inspections) may incur an additional charge. If purchaser is a foreigner then an additional $220 fee applies. A foreigner is either a person residing overseas or residing in Australia on a temporary visa. An additional charge of $330 will also apply for SMSF purchases. Where the purchase involves a new residential premises or potential residential land, the work associated with (a) submitting GST property settlement withholding notification (b) submitting GST property settlement date confirmation online form and (c) remitting GST to the ATO are not included in the quoted fee. Enquiries with council fall within our scope for purposes of enquiring about certificates and searches ordered by us or if instructed by you we will make enquiries about certificates and searches supplied by you or third parties or on matters communicated to us by you. [/if 121]View our fee schedule for comprehensive list of our additional fees here.
This quote is an indication of charges on the basis of details presently known and on the assumption that the matter will not be substantially more complex or time-consuming than expected. Our fees are fixed for the conveyancing work, but from time to time we will need to bill extra for additional work which is beyond the scope of the standard conveyancing work. Examples of the type of work which will attract additional costs include negotiating disputes, preparing letters of demand and drafting agreements which were not originally contemplated by the parties in the transaction. We will of course notify you if we need to bill additional costs.
[if 229 not_equal=””]
[/if 229][if 125 equals=”Sale”][if 171 greater_than=”750000″]Sale
Note that a sale price more than $750,000 requires you to obtain a clearance certificate from the Australian Taxation Office (ATO) to certify that you are not a foreign resident and that capital gains tax should not be withheld by the purchaser at settlement (known as the Foreign Resident Capital Gains Withholding also known as the FRCGW). Our costs do not include work associated with an application to the ATO to obtain the FRCGW clearance certificate.
In the event of the net deposit sum paid by the purchaser exceeding $75,000 you direct us to pay the deposit to an interest earning controlled money account.
[/if 171][/if 125]
[if 226 not_equal=”Yes”]Certificates
Our costs include usual certificates and searches [if 121 equals=”Sale”]to be provided by law [/if 121]for a single title/property unless exceptions apply. Exceptions: [if 121 equals=”Sale”][if 168 equals=”Yes”]Our costs only include 1 owners’ corporation certificate. Please allow $185 for each additional owners corporation certificate required. This does not include fees to order the relevant certificates for urgent return. Additional certificates for instruments, covenants, restrictions and for additional titles/properties (such as car spaces, storage units or accessory units) are not included.[/if 168][if 168 not_equal=”Yes”]If an owners’ corporation certificate is required, an extra fee at around $185 for the owners corporation certificate is payable in addition to the quoted fee.[/if 168][/if 121][if 121 equals=”Purchase”] Some properties have common areas managed by an owners’ corporation (usually for apartments, units or townhouses). If applicable, the Vendor is required to provide a valid and current owners’ corporation certificate in the Vendors’ Statement. Our costs do not include the fee for an owners’ corporation certificate. If the certificate has expired or is not valid as at the date of settlement, you will incur an additional $185 fee. Additional certificates for instruments, covenants, restrictions and for other properties (such as car spaces, storage units or accessory units) are not included. View our fee schedule for comprehensive list of our additional fees here[/if 121][/if 226]
Please be advised that we do have arrangements in place to pay a fee to referrers. If you have been referred to us by a real estate agent, mortgage broker, banker or any other professional then a fee will be paid. We are required to disclose the amount paid by us. We advise that whether a fee is payable and the amount actually payable depends on the referrer, the number of referrals that referrer has made and is based on a tiered system. As such the fee paid cannot be determined at the time of this quote and costs disclosure. Where a fee is paid, be reassured that this does not affect your quote in any way. We will provide services to you free of any constraint or influence and will strictly comply with the law.
Expiry and Variation
Our costs and the initial deposit paid is valid for a period of six (6) months from the date of initial enquiry unless otherwise withdrawn or extended by us. If any information relied on by us in the estimation of your costs is incorrect or changes then we reserve the right to change the costs quoted to you.
Acceptance of Terms and Conditions
‘Setted Law’, ‘we’ and ‘us’ means Settled Law Pty Ltd ABN 54 138 012 209 trading as Settled Law.
Your access and use of this web site and Settled ‘elecronic conveyancing portal and all other web sites owned by Settled Law ABN 54 138 012 209, Settled Law ABN 62 631 516 738 and other businesses bearing the Settled Law or Settled Law trademark. (collectively “Web Site”) is conditional upon your acceptance and compliance with the terms and conditions set out below (Terms and Conditions). Your use and/or continued access to the Web Site constitutes your agreement to the Terms and Conditions.
Settled Law may amend the Terms and Conditions from time to time save and except for terms and conditions relating to costs and fees. Amendments will be effective immediately upon notification on this Web Site. Your continued use of the Web Site following such notification will represent an agreement by you to be bound by the Terms and Conditions as amended.
The Legal Profession Uniform Law (Vic) allows a law practice and you (the Client) to agree on how the law practice’s legal costs are to be calculated and paid. It is called a Costs Agreement and it may be enforced in the same way as any other contract. This Costs Agreement and the Disclosure Statement set out the terms on which we propose to undertake this work for you. If you accept these terms, this Costs Agreement and the Disclosure Statement will make up the entire Costs Agreement between us for this work. You accept this Costs Agreement by proceeding.
Following completion of your file we will archive our file, which we are required to retain for 7 years after which it will be destroyed.
Social Media Marketing
You authorise our use of information relating to your property transaction in any marketing or social media marketing activity. Your personal information will not be publicised in the event of us using your transaction information. We will ensure you and your property are not identifiable when your transaction information is used for any social media marketing activity unless otherwise agreed to by you. A discount/rebate is offered to all clients. Please contact email@example.com to request the discount/rebate.
You are personally our client in a matter if you instruct us on your own behalf. If you also represent another person or entity (e.g. a company, partnership, trust, co-director(s) or are an Executor), then you also engage us on their behalf, and warrant that:
(i) you have the authority to do so, and
(ii) the other person(s) or entity will acknowledge that in writing if requested.
You agree that you and the other person(s) or entity you represent are each our clients jointly and severally, and that each of you jointly and severally undertake a personal liability to observe all of the obligations under this Agreement, and to guarantee and indemnify payment of all amounts due under this Agreement.
Termination of Retainer
If you terminate our retainer during the course of the matter, all legal costs incurred will be charged to and payable by you. Circumstances may arise (such as a conflict of interest) which make it impossible for us to continue to act for you. If this happens, we will contact you immediately. We may also terminate our retainer with you if you do not accept fair and reasonable legal advice we give you relating to your matter. If this happens, then all legal costs incurred will be charged to and payable by you.
Charge securing costs
In order to secure our costs, you hereby charge the property the subject of this transaction with the payment of all amounts that may become due and payable to us. This entitles us to lodge a caveat on the title of the property restricting transactions with the property until our costs are paid.
In order to access some of the information contained on this Web Site, you may need to become a registered user. To become a registered user, you must complete your registration details in the manner described on the Web Site.
Settled Law reserves the right to terminate or not accept your registered user status at any time if you breach these Terms and Conditions.
Upon registration, you may be provided with a password and account designation. You agree to pay for Settled Law’s services (if any) in the manner specified on the Web Site.
All information provided by Settled Law pursuant to these Terms and Conditions is provided in good faith. You accept that any information provided by Settled Law on this Web Site is general information and is not in the nature of legal advice. Settled Law derives its information from sources which it believes to be accurate and up to date as at the date of publication. Settled Law nevertheless reserves the right to update this information at any time. You should seek legal or other professional advice before acting or relying on any information or material which is made available to you pursuant to our information service.
You agree to use our information service for lawful purposes only.
Disclaimer of Liability
Materials contained on this Web Site (Site Materials) may contain links to material on other web sites (Linked Materials). The links provided to other web sites are done for convenience purposes only and Settled Law does not purport to sponsor, approve or endorse any of the Linked Materials.
Settled Law is not liable to you or any other person for any loss or damage (however caused, including by negligence) arising from or in connection with the use of this Web Site and/or use of the Site Materials or Linked Materials.
Changes are made periodically to this Web Site and may be made at any time. The Site Materials may contain inaccuracies or typographical errors. Settled Law makes no representations or warranties in relation to the quality, accuracy, completeness, merchantability or fitness for purpose of any Site Materials or Linked Materials.
If you place any reliance upon the Site Materials or Linked Materials, then you do so at your own risk.
Settled Law does not represent or warrant that the Site Materials or Linked Materials are free of computer viruses or other defects. Settled Law recommends that virus checks should be done on any downloaded Site Materials or Linked Materials. To the extent permitted by applicable laws, all warranties, representations and implied terms are excluded.
To the extent permitted by applicable laws, any liability incurred in relation to Site Materials or Linked Materials is limited to, at the option of Settled Law, the resupply of the Site Materials or the links to the Linked Materials, or the reasonable cost of having the Site Materials or the links to the Linked Materials resupplied.
Under no circumstances will Settled Law be liable for any incidental, special or consequential damages, including damages for loss of business or other profits arising in relation to use or access of or inability to use and access the Web Site and the Site Materials or Linked Materials.
Unless otherwise stated the copyright in the Site Materials is owned by Settled Law.
Other than for the purposes and subject to the conditions prescribed under the Copyright Act 1968, or as otherwise provided below, none of the Site Materials may be reproduced, distributed, adapted, transmitted or stored in a retrieval system without Settled Law’s prior written consent.
Settled Law gives permission to the user to store a copy of the Site Materials on your computer for the sole purpose of viewing the Site Materials.
Settled Law makes no warranties or representations that the Linked Materials do not infringe the intellectual property rights of a third person.
Settled Law is the owner of the registered trademark “Settled Law” which appears on this Web Site. Other trademarks contained on this Web Site may be owned by third parties. All trademarks mentioned on this Web Site may not be used or distributed without consent of Settled Law or the relevant third party owner.
These Terms and Conditions must be read in conjunction with our Privacy Statement. Settled Law undertakes to comply with the terms of its Privacy Statement which can be accessed on this Web Site by clicking on the link below in the footer of this page.
Security of Information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Although Settled Law strives to protect such information, Settled Law does not warrant and cannot ensure the security of any information which you transmit to it. Accordingly, any information which you transmit to Settled Law is transmitted at your own risk. Nevertheless, once Settled Law receives your transmission, it will take reasonable steps to preserve the security of such information.
Termination of Access
Access to this Web Site may be terminated at any time by Settled Law without notice. Settled Law’s disclaimer will nevertheless survive any such termination.
These Terms and Conditions of use are governed and construed in accordance with the laws in force in Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms and Conditions of use, or the use of this Web Site.
Under section 3.4.9 of the Legal Profession Uniform Law (Vic), we must disclose to you the following information relating to legal costs:-
1. How we will charge you – Section 3.4.9 (1)(a)
As referred to above at “Our costs and inclusions” and “Certificates”.[if 121 equals=”Sale”]
If you property does not sell after 3 months from original issue of the section 32, an update of the section 32 can be prepared for $165 plus cost of searches (only required if the prepared section 32 is no longer current or accurate). [/if 121][if 121 equals=”Purchase”]
Caveats can be arranged at an additional fee of $220.
SMSF purchases will attract an additional fee of between $200 to $330. Foreign purchasers will attract an additional fee of $220. We can also assist in other services but you acknowledge that other services will incur additional costs. View our fee schedule for comprehensive list of our additional fees here.[/if 121]
2. Your rights
You have the right to negotiate a Costs Agreement with us. You may request an itemised invoice within 30 days after receipt of a lump sum invoice. We will tell you of any substantial changes affecting your matter. You may seek independent legal advice at your own cost before agreeing to the legal fees in this matter.
3. Our accounts
We may ask you to pay an amount in advance to cover disbursements. You will be billed at intervals or on a monthly basis as most appropriate. Payment of your account is strictly due within 7 days from the date of the invoice.
4. Interest on unpaid accounts
If an account remains unpaid after the due date, we may charge you interest at 2% above the Cash Rate Target set by the Reserve Bank of Austrlaia. If you do not pay our account this entitles us to exercise a common law right known as a solicitor’s lien. The lien allows us to retain your documents until our account is paid.
5. Progress reports
You may request a written progress report at any time. We are entitled to charge a reasonable amount to provide you with a written progress report. You may also request a written report of legal costs incurred to date or since the last invoice. We are not permitted to charge you for providing an invoice or a report of legal costs.
6. If you have a concern about our legal costs
If you have any concern about our legal costs or services, please do not hesitate to contact the supervising director of your matter. If we cannot satisfactorily resolve your concern with you, you may:
A: Seek a costs review by the Taxing Master under Division 7 of Part 3.4 of the Legal Profession Uniform Law (Vic) (“the Law”) within 60 days after the bill is given to you or the law practice requests payment of costs or you pay the costs (whichever is earlier or earliest). You may seek a costs review outside the 60-day time limit. In these circumstances the Taxing Master will not deal with the review if we can establish that to do so would, in all the circumstances, cause unfair prejudice to us; or
B: Apply to VCAT to set aside this agreement under section 3.4.32 of the Law; or
C: Make a complaint to the Legal Services Commissioner under chapter 4 of the Law within 60 days after the legal costs were payable or, if an itemised bill was requested in respect of those costs, within 30 days after the request was complied with.
You may be able to make a complaint to the Legal Services Commissioner up to 4 months after the end of the period referred to. This is provided that you can satisfy the Commissioner that there was a reasonable cause for the delay in making the complaint, and legal proceedings have not been commenced for the recovery or review of the legal costs that are the subject of the complaint.
The laws of Victoria shall apply to legal costs in this matter. You have the right to sign a costs agreement under a corresponding law or to advise us that you require the law of another jurisdiction to apply. We may refuse to be retained under a costs agreement of another jurisdiction.
8. Ending our engagement
You may end our engagement by written notice at any time. If you do this, you must pay our legal costs up until that time. Circumstances may arise (such as a conflict of interest) which make it impossible for us to continue to act for you. If this happens, we will contact you immediately. If you do not pay our account or if you fail to pay money in advance if it is requested, we may stop work until we are paid. If the account continues to remain unpaid we may cease to act for you.
If we cease to act for you:-
• we will not incur any liability as a result;
• you will receive a final account which will include all outstanding legal costs;
• you must pay our legal costs up until the date when we cease to act; and
• we retain the right to keep your documents until we are paid.
[/if 144][if 121 equals=”Other”]
[if 157][/if 157][if 158][/if 158]
Information on the costs associated with your matter and your rights
You may seek independent legal advice before agreeing to the costs agreement proposed.
You may negotiate the terms of the costs agreement.
You may negotiate the billing method used (for example, by reference to timing or task).
You are entitled to receive a bill, and if you request it, fully itemised if requested within 30 days after the lump sum bill becomes payable. However, if you request an itemised bill and the total amount specified in the itemised bill exceeds the amount previously specified in the lump sum bill, then we may be able to recover the higher costs should the matter proceed to a costs assessment under section 198 or a binding determination under section 292 of the Uniform Law.
You are entitled, upon reasonable request, to progress reports of your matter and the current costs incurred in your matter, and to be notified of any significant changes affecting costs.
If there is a dispute or you are unhappy with the costs you can require mediation, apply for independent assessment before the Supreme Court Costs Court within 12 months after the bill was provided or request for payment was made or after the costs were paid, or seek to have the cost agreement set aside. You may also seek the assistance of the Victorian Legal Services Commissioner within 60 days after the legal costs have become payable, or where you have asked for an itemised bill, within 30 days after the itemised bill was provided. The time limits specified above may be waived if the complaint is made within 4 months after the required period in circumstances where the delay and reasons for the delay make it just and fair to do so, provided we have not commenced legal proceedings in respect of the legal costs. In the first instance we suggest that you raise any issues with us.
The law of Victoria applies to legal costs in relation to this matter.
You are entitled to accept or reject any offer we make for an interstate costs law to apply to your matter or notify us that you require an interstate costs law to apply to your matter.
The cost agreement you enter will show the basis on which the costs and disbursements will be calculated, estimate the total payable, or a range of estimates including major possible variables, when you should pay, the interest payable if you fail to pay, and the person you should speak to about any concerns you have on the costs.
CLIENT: [if 184][/if 184][if 184 equals=””] [if 184] and [/if 184][/if 184]
FIRM: Settled Law
We are required by the Legal Profession Uniform Law (Victoria) 2014 to set out the following terms of our engagement for your acceptance or further negotiation.
[if 159][/if 159][if 160][/if 160]
OUR FEES AND DISBURSEMENTS
[if 141 equals=”Time based”]
Our fees will be calculated in accordance with the below scale. GST is additional.
[if 141 equals=”Fixed”]
Our fixed fees are as quoted above. GST is additional.
Any work not within the agreed scope above requested by you will be carried out in accordance with the below scle.
Those members of the firm that work on your matter will record the time they spend and charge according to the following rates.
Hourly rate of
exclusive of GST
Hourly rate of
exclusive of GST
Hourly rate of
exclusive of GST
Hourly rate of
exclusive of GST
The firm’s fees are determined by applying these hourly rates to the units of time recorded by each staff member on your matter. Time is recorded in 6 minute units. For example the time charged for a phone call of up to 6 minutes will be 6 minutes and the time charged for an attendance between 6 and 12 minutes will be 12 minutes.
In the course of your matter it may be necessary to incur disbursements, which are fees, expenses and charges such as court filing fees, bank charges, courier fees, barrister’s fees, title searching and property enquiries, agency fees for law stationers, and process serving. These are payable as and when they fall due for payment. We will not incur any substantial expense without first obtaining your permission. [if 149]We estimate disbursements to be around $[149 decimal=2 dec_point=”.” thousands_sep=”,”].[/if 149]
Estimate of total professional fees and disbursements
On our present instructions, our fees are as disclosed above. [if 141 equals=”Time based”]Whilst this estimate is not binding on us it [/if 141][if 141 equals=”Fixed”]This [/if 141]is based on our experience of similar matters. Our costs may exceed this estimate if further information becomes available or circumstances change which affect these matters. Should the scope of work change significantly we will keep you informed of the likely impact on our costs and on disbursements and update our estimate.
Please pay us the sum of $[148 decimal=2 dec_point=”.” thousands_sep=”,”]which we will hold in trust to cover our initial expenses. Our trust account details are provided below. Please ensure that you mark the deposit with our file reference number or your name so that we can properly identify the funds as being yours.
Name of account: Settled Law Law Practice Trust Account
Name of bank: NAB
Account No.: 175650400
Reference: File No.: 1686129
Each month, or on the completion of a specific task or tasks, we will render interim accounts and ask that you pay them promptly. Our accounts will include a brief narration of work undertaken on your behalf. Should you require a detailed explanation of our account you should contact us further.
You authorise us to receive into our trust account any settlement amount, or money received from any source in furtherance of your work, and to pay our professional fees and disbursements in accordance with the provisions of the Legal Profession Uniform Law and Rule 42 of the Uniform General Rules. A trust statement will be forwarded to you on completion of the matter, or as soon as practicable after 30 June in each year, or upon request.
YOUR RIGHT TO A BILL OF COSTS
The Legal Profession Uniform Law provides that a legal practitioner cannot take action for recovery of legal costs until 30 days after a bill of costs has been given to the person charged with their payment.
At the expiry of 30 days after a bill of costs is given to you, interest, at the rate specified in the Legal Profession Uniform Law may be charged on any amounts unpaid.
YOUR RIGHT TO FAIR AND REASONABLE COSTS
The Legal Profession Uniform Law gives you the right to have the costs charged by us assessed by an assessor appointed by the Supreme Court for fairness and to determine if they have been proportionately and reasonably incurred, and are proportionate and reasonable in amount.
In order to avoid further increasing our fees, and penalising those clients who pay promptly, we have adopted the practice of charging interest on all amounts outstanding for more than 30 days. This will be calculated on any balance outstanding 30 days from an account being rendered, on a monthly basis, at the rate being 2% above the Cash Rate Target fixed by the Reserve Bank of Australia.
TERMINATION OF THIS AGREEMENT
We will not continue to do the work if you fail to pay our bills, if you fail to provide us with adequate instructions, or if you indicate to us that we have lost your confidence.
We will give you at least 14 days’ written notice of our intention to terminate our agreement, and of the grounds on which the notice is based. You will be required to pay our charges for work done, and for expenses incurred, up to the date of termination. You may terminate this agreement in writing at any time. If you do so you will pay our charges and expenses incurred up to the time of termination.
We are able to communicate electronically with clients and other parties using electronic mail, both direct and via the Internet, and using data storage devices. If we communicate electronically with or for you, you acknowledge and agree as follows:
- There are some delivery risks in using electronic mail and you accept the risk of interception of the email by third parties or of non-receipt or delayed receipt of the message; and
- Computer viruses and similar damaging items can be transmitted through emails and by introducing data storage devices into your system. We use virus-scanning software to reduce these risks and ask that you do the same. However, it is not possible to completely eliminate the risk of introducing viruses.
If we communicate electronically with or for you, you release us from all claims, losses, expenses and liabilities caused by any of the risks referred to above and arising directly or indirectly out of that communication.
THE PERSONS WHO WILL BE RESPONSIBLE FOR THE WORK
If you have any concerns about our costs or your matter, please speak to  who will be responsible for the work. Email at [264 show=4209] or phone on 1300 666 354
Legal ownership in and title to all documents, records, papers, titles and any other material created or obtained by us in the performance of your instructions or in dealing with your matter, belongs to us and does not pass to anybody, until the matter is completed and all outstanding fees, costs and disbursements have been paid to us. We will retain possession of all of those documents, records, papers, titles and any other materials, until the matter is completed and all outstanding fees, costs and disbursements have been paid.
SECURITY FOR COSTS
By engaging us, you hereby charge in our favour all your real and personal property as security for payment of our legal costs and any interest on unpaid legal costs. This entitles us to lodge a caveat on your real property and a security interest over any goods you own.
Before acceptance of this offer you are entitled to negotiate these terms. If you do not return the signed agreement or negotiate the terms but instruct us to commence work, that will be taken to be an acceptance of this offer and costs will be charged in accordance with this agreement.