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Previously known as Think Conveyancing

Seller Appointment Terms

New South Wales

Appointment Terms and Conditions

NSW Seller

You consent to your legal services being provided by Conveyancing.com.au Pty Ltd ABN 68 160 922 387 an incorporated legal practice.

1. Our Terms and Conditions
These  Appointment Terms and Conditions form part of our costs agreement with you for your matter. They must be read with the Engagement Letter, and the Schedule of Costs. These three documents make up the complete costs agreement (Costs Agreement) between us so please read them carefully.

We have also attached our Privacy Collection Statement and this contains important information about how we use and disclose information collected from you.

You can accept the Costs Agreement by signing the Engagement Letter and returning it to us, by telling us that you accept the terms of our Engagement Letter, or by instructing us after you have received the Engagement Letter.

In these Terms, we, us, our and CCA means Conveyancing.com.au, and you and your means each client named in our Engagement Letter. If there is more than once client, you agree that any instructions we receive will be considered as authorised instructions from all of you. If one of you accept the Cost Agreement, the acceptance will be for and behalf of all of you.

If there is conflict between our Engagement Letter and, the Appointment Terms and Conditions, our Costs Agreement will be interpreted in the following order:

• These Appointment Terms and Conditions; then
• the Engagement Letter.

Our retainer commences when you receive a notification from our office advising that a matter has been created and you have been allocated a paralegal / lawyer.

2. Scope of Work
The scope of work that we undertake for you is set out in the Engagement Letter and is strictly limited to the work involved in a standard residential conveyance (Scope of Work).

Any work that falls outside the scope of a standard residential conveyance will be an additional cost billable to you. A list of additional costs is set out in the Schedule attached to the Engagement Letter.

If you would like us to undertake any additional work not included within the scope of our services, please make a request in writing to your paralegal/lawyer and we will advise you as soon as possible whether we will service your request. The decision whether to service your request will be at our absolute discretion. An additional fee estimate will be provided to you upon agreement of the scope of the additional works.

If you would like to instruct us to exclude any steps or work that are generally considered usual and necessary in a standard residential conveyance, or to save on any costs by not taking a certain action, such as ordering searches ordinarily required to complete our due diligence on your behalf, please make a request to your lawyer/paralegal. In doing so, you acknowledge that you accept any and all risks associated with the exclusions and waive your right to make any claim against us for any costs or loss you may suffer as a direct or indirect result of the exclusions.

2.1 Scope of work excluded
You acknowledge that we provide legal services to complete a conveyancing transaction. Our Scope of Work does not include advice work surrounding disputes, termination of an unconditional contract or dealing with any form of conflict between the parties involved in a transaction.

We are a firm practicing residential conveyancing focusing on property law and do not provide advice or services in the following areas:

• Witnessing and advising on finance documents (including loan/mortgage advice) • Financial and Taxation Advice • Eligibility for government grants • Succession and Matrimonial advice • Physical inspection of the property and surroundings • Consumer guarantees • Leases, letting or residential tenancies • Caretaking and letting agreements • Advice on financial agreements, court orders, deeds of family arrangements • your future use of the property •Town planning advice • Home warranty insurance • Foreign Investment Review Board requirements • Review of Trusts or Trust Deeds • Advice on the capability of a company or trust to complete a transaction • Advice on insurance contracts or the adequacy of existing insurance policies • Advice on properties which may be unfit for occupation or are extensively damaged • Advice on the management of a body corporate • Deceased estates and estate management • Terms contracts.

2.2 What we require from you
You agree that in order for us to provide you with legal services you will:

• Provide clear, honest and complete instructions relevant to your matter and any material change in your circumstances that might impact on your matter while we continue to act for you;
• cooperate in the matter and do all that we reasonably request of you in a timely manner;
• accept and follow our reasonable legal advice; and
• provide funds in advance in accordance with this Costs Agreement or as we may agree.

Often, we need to make assumptions in order to provide advice. It is your responsibility to carefully review any assumptions and let us know immediately if any assumptions are incorrect or inappropriate, or if you think we have misunderstood your instructions.

You have the right to ask us for written reports on:
• The progress of your matter; and
• the fees and costs to date or since your last bill.

3. Billing
Our invoices will be issued to, and payable by the client named in our Engagement Letter. You agree to us signing and sending you documents relating to this Costs Agreement or your transaction (including invoices) electronically.

We have the right to bill you immediately for any costs incurred and paid for by us in the course of your matter or add the same costs to the next bill. If you have been offered a discount on our fees by our Client Services Team, it will be applied to your account at settlement of the transaction (Settlement), unless otherwise agreed in writing.

You are entitled to negotiate the billing method, to receive a bill from us and to request an itemised bill. We may give you a lump sum or an itemised bill in the first instance. Our bills are due seven (7) days after the date of issue. All amounts payable whether outstanding, due or invoiced at time of Settlement will be collected as part of Settlement proceeds.

We may stop work until all invoices are paid. We may also charge you interest on any amount which remains unpaid for 30 days or more. The rate of interest will be 2% above the Cash Rate Target of the Reserve Bank of Australia. Our invoices are issued on the basis that we will receive the amount billed. If you are obliged to withhold tax for any reason in respect of the amount billed, or any bank or other charges are payable, you must gross up the payment so that we receive the amount stated in our invoice.

We have a right to put a lien on all documents, funds and records in any form whatsoever in our possession until we receive payment in full of all our bills for all your matters. We are entitled to retain for our records, copies of all documents which we give you, whether owned by us or not, and to deal with them in accordance with the legislative requirements of confidentiality.

4. Cost Disclosures
The Legal Profession Uniform Law Act (the Act) applies to legal costs in relation to your matter.

You have rights under the Act to:
• Negotiate a costs agreement with us;
• negotiate the billing method (for example, by reference to timing or task); and
• to receive a bill from us and to request an itemised bill after receiving a bill that is not itemised or is only partially itemised.

If there is a dispute regarding our costs, you may (in addition to any other rights you may have):
• Seek advice from the local regulatory authority (Office of the Legal Services Commissioner).

For more information about your rights, please read the fact sheet titled “Costs Disclosure” which you can obtain from us or the Office of the Legal Services Commissioner.

5. Payment
Our fees are payable in stages:
• Our professional fee in performing Contract Reviews (if applicable) will be payable prior to you obtaining a review and you may also incur a cancellation charge if you change your mind after you have instructed us;
• $820.00 (inclusive of GST) of the fixed professional fees will be payable at the time of settlement except for off the plan fixed professional legal fee where an amount of $1,009.00 will be payable at the time of settlement; and
• the balance of the fixed professional fees is payable on the day of settlement of the property, if settlement occurs.

5.1 Payment upon termination
If your signed Contract is terminated by either party after signing, the following fees are due:
• $110.00 (inclusive of GST) plus a fee associated with any searches ordered; and
• an amount proportional to the amount of work performed as a part of this Agreement as assessed by our legal practitioner, and payable on receipt of our invoice and are independent of any other fees charged and payable under this Cost Agreement.

5.2 Credit cards
When you pay your first invoice, you are giving us permission to retain your credit card details. If you fail to pay any amount that we have invoiced you 100 days after its due date (as set out in your invoice), we will charge your card what is owed. We will only keep your credit card details for the duration of your matter and will destroy our record of your credit card details when your matter is completed.

If the credit card details you give us expire, are cancelled or for any other reason cannot be debited by our payments provider, you will give us alternate credit card details as security for our services. If you do not give us these details, we have the right to stop working on your conveyancing until you provide new and valid credit card details.

You can remove this authority to charge your credit card at any time by advising us in writing.

6. GST
All fees and expenses will be increased by any applicable goods and services tax (GST) or similar tax. If services treated as GST-free are later found to have been taxable, you must pay us the amount of GST as well as any associated penalties or interest.

7. Our Trust Account
You are not obliged to use our trust account for this conveyance matter, however sometimes this may be necessary in order to settle your matter. If we instruct you to use our trust account, you will need to comply with the following requirements. If you do not comply with these requirements, you acknowledge that you will not be insured in the event of loss or fraud and you will indemnify Conveyancing.com.au Pty Ltd against any claim.

Requirements:
• Please advise your paralegal or lawyer you intend to use our statutory trust account;
• you will be provided with a link to a password protected webpage giving you clear instructions for depositing money via email;
• you must call and speak to your paralegal and request the password and confirm the details of the transfers that you will make. This call will be file noted by your paralegal or lawyer; and
• you must provide evidence of the transfer (copies of transfer receipts or deposit receipts) to your paralegal as soon as possible and in any event no later than two (2) business days after the transfer is made.

If we receive money into our trust account on your behalf, you authorise us to draw on that money to pay any amount due from you to us. Use of our trust account will incur a trust account administration fee and any associated bank cheque fees. You can find these in the Schedule of Fees at the back of the Engagement letter.

8. Banking
You may instruct us to bank cheques as a part of your conveyance. Conveyancing.com.au Pty Ltd will bank them as soon as practical after receipt of funds at Settlement. You acknowledge and indemnify Conveyancing.com.au Pty Ltd against any claim for loss arising as a result of any delay in banking and the receipt and clearance of funds by your financial institution.

You agree that before you transfer or deposit funds to our firm you will contact our office verbally to confirm the details of our bank account you will be making the deposit to. If you fail to do this and the funds are, as a result, deposited to a fraudulent source, you indemnify Conveyancing.com.au Pty Ltd from any claim of loss arising as a result of this transfer or deposit.

We will always contact you to verify any bank account details that you provide our office with to make sure any funds are deposited to your nominated account. We will not release funds unless we have verified with you your account details. If you are unavailable when we endeavour to contact you to verify these details, settlement may be delayed. In this instance you indemnify Conveyancing.com.au Pty Ltd from any claim for loss arising as a result of this.

9. Cessation of work
We reserve the right to cease work for you at any time without liability and with immediate effect if you fail to pay any invoices issued and payable on request from us (regardless of the payment due date) or if you have indicated to us in a way that a reasonable person would become doubtful of your ability settle our invoices.

We reserve the right to require you to pay a reasonable amount into our Trust Account to secure payment of our fees and costs prior to resuming work for you.

10. Termination of this Agreement
This Agreement may be terminated by you by giving us written notice at any time. If you terminate the agreement, you will be obliged to pay all fees and charges up to the date of termination. We have the right to retain your file until all fees and costs are paid.

We may also stop work on, or terminate the agreement by providing you with written notice if:
• You do not provide us with timely, accurate and proper instructions or information;
• we decide that by continuing to act for you, we would be required to act contrary to any legal, regulatory or professional conduct obligation;
• you fail to provide us with adequate identity documents to support your transaction;
• you breach these terms;
• any invoices are not paid by the due date or you do not pay a requested advance payment on account of future legal costs;
• you indicate to us that you have lost confidence in us;
• we believe on a reasonable basis that you may have lost your legal and/or mental capacity to look after your affairs and you fail to give us proper instructions to act on your behalf;
• we believe, acting reasonably, that there is fraud or attempted fraud occurring in relation to your transaction;
• work required by you falls outside our Scope of Work, including where you seek to terminate an unconditional Contract; or
• you are taking action or foreshadow action to be taken, or require us to perform work, that leads to a perceived and/or actual conflict of interest between you and us for any other just cause.

If we cease to act for you we will take steps to remove our name from the court record in any court proceedings, you will receive a final account which will include all outstanding legal costs, you must pay our legal costs up to the date we cease to act, and we have the right to retain your file until all fees and costs are paid.

Clauses 10, 11, 12, 13, 14, 15, 16, 19, and 21 will survive termination of our engagement under this Agreement.

11. Liability
Irrespective of the party at fault, you agree that you will pay the first three (3) days of any default interest required to be paid as part of your conveyance transaction upfront whether accrued under the Terms of the Contract, as part of a settlement extension or on transfer duty. You may apply to our office to assess the costs incurred after Settlement.

You may be entitled to recover damages or compensation from us if you suffer loss as a result of our conduct up to and limited (to the extent permitted by law) to $2 million which is the limit of our professional indemnity insurance through the Legal Practitioners Liability Committee. However, if you are partly responsible for the loss, the amount of the damages or compensation can be reduced having regard to the extent of your responsibility.

We will do our best to action any requests that you make of us that is within the scope of our agreed service in a timely manner. Where possible we will action your requests within one (1) business day, however it cannot be considered as an unreasonable delay, however urgent the matter, if it is actioned within three (3) business days. Where you consider your matter to be urgent and cannot wait, we ask that you assist us in prioritising your matter by calling us and insist on this matter being escalated until your urgent query is resolved immediately.

It is important that you make yourself available for all key dates in relation to your conveyance transaction and advise us of your instructions by those dates. If you fail to make yourself available or to contact us to provide your instructions on the day, then you indemnify Conveyancing.com. au Pty Ltd from any claim or loss arising as a result of this.

12. Confidentiality
Our duty of confidentiality is fundamental to our practice. However, you agree that we may disclose your confidential information to the extent we consider it appropriate for the purpose of completing or processing the matter, as described in the Privacy Collection Statement or as required by law, including:
• Third parties who provide services to us (who may be located overseas), including but not limited to Think Support Services Inc;
• our professional advisers and insurers;
• the State Revenue Office, the Electronic Lodgment Network Operators (ELNO); NSW Land Registry Services (LRS); and
• the parties described in the Privacy Collection Statement.

You consent to us recording and transferring materials relevant to your matter to our internal databases for learning and knowledge purposes while making reasonable efforts to ensure that confidential information is neither disclosed outside the law practice nor otherwise used inconsistently with the above obligations.

You agree that data received from you or relating to you (which may include confidential information) may be hosted on our behalf by third party technology providers (including cloud providers).

You acknowledge and consent that your information be accessed anywhere in the world by agents, contractors, employees and members of Conveyancing.com.au Pty Ltd and other subsidiary companies such as Think Support Services, Inc. All agents, contractors, employees and members of Conveyancing.com.au Pty Ltd and the related companies are bound by the same or equivalent privacy and confidentiality laws that govern the legal profession within Australia.

13. Privacy
You agree to the uses and disclosures of your information (including personal information) as described in the Privacy Collection Statement). Please contact us immediately if you do not consent, or would like to withdraw your consent to such uses or disclosures.

14. Intellectual Property
You agree that we own and will retain all intellectual property rights in all documents and other material we create in the course of your matter. You further agree that any material that you provide to us will not infringe the intellectual property rights of any third party.

15. Conflicts of Interest
You must provide us with all relevant information so we can conduct full and proper conflict checks.

In each matter in which we act for you, we act as your independent legal adviser solely in your best interests unless you agree that we can act for another party as well.

By entering into this agreement, you agree that we are permitted to act on the other side of a transaction from any person who we have previously acted for or are currently acting for, or both parties in a transaction provided we comply with all applicable professional rules, keep the information of each client confidential, are able to act in the best interests of each client and, where appropriate, use separate teams.

You agree that we are not obliged to disclose to you, or to take into account in advising you, information that is confidential to any other client or any other person, even if it would be to your advantage to have that information.

We reserve our rights to refuse to act for another party to a transaction or a conflict matter at any time.

16. Feedback
We aim to give you the best possible conveyancing service, but if you have any questions or concerns about your transaction you can:

• Write to your paralegal setting out your questions or concerns and we will work to provide you with a response within two (2) to five (5) business days of your correspondence
• if you are still not satisfied with our response, you can escalate your concerns to our Customer Resolution Manager by emailing feedback@conveyancing.com.au

If you have any complaints about our service, you agree that you will not post any comments on social media sites unless you have notified us by the above means, and we have not responded to you within two (2) business days. We reserve the right to ask you to remove any material that you post if you fail to comply with this term. If you fail to comply with our request and your complaints are proven to be false, we reserve the right to claim any losses suffered as a result of your actions.

17. Email
Electronic communications may not appear in the same format in which they are sent, are sometimes delayed or not delivered, can be copied and edited and may contain computer viruses. To the extent permitted by law, we are not liable for any loss or damage you suffer because of technical issues (including delay or non-delivery), access without our knowledge or interference caused by a third party, or for any other reason outside of our control.

18. Mail
We will not accept any responsibility if post or parcels sent from or to our office are lost and we are not liable for any loss or damage if post or parcels are lost in transit, to or from you.

19. Your records
You agree that Conveyancing.com.au will, upon closing your file, retain your documents (save for documents deposited in our safe custody) for no more than six (6) weeks. After that time, we will digitally image your papers and destroy the originals. The digital copies of your papers will be stored on our servers for a period of no longer than seven (7) years.

Once your matters are closed and archived, you may ask us to provide you with a copy of documents, correspondences or information from your archived matter. We may charge you a fee for this service.

20. Novation
If we transfer our firm to another legal practice, we may assign our rights and obligations in this agreement and transfer documents to the legal practice that acquires our firm on provision of written notice to you, which we may send by email to the email address provided to us in this Agreement. Unless you give us a written direction to the contrary in relation to the conduct of your file, the assignment of our rights and obligations and the transfer of documents, will become effective 14 days after delivery of notice by us.

21. Governing Law
You acknowledge and accept that we are a national law firm with service delivery offices in various jurisdictions and that these terms (together with our Agreement) are governed by federal and state laws. The laws of New South Wales apply to this Agreement. The courts of that jurisdiction will have exclusive jurisdiction in relation to any claim, dispute or difference concerning these Appointment Terms or any matter arising from them.

Schedule of Costs

Our fixed professional fees are strictly limited to the work involved in a standard residential conveyance. We have set out below a schedule of costs for additional services that do not form part of a standard residential conveyance and that we are able to provide upon request. We have also set out in this Schedule our administration fees.

We reserve the right to quote for any work requested that is subject to your specific needs.

The additional services we may provide to you include:

Service Cost (inclusive of GST)
Land Contract Review From $249.00
Fee for cancellation of residential Contract Review after booking has been made $49.00
Fee for cancellation of off the plan Contract Review after booking has been made $99.00
Fee for cancellation of service after file has been opened $32.00
Lodgement of Caveat $210.00
Contract for Sale drafting $299.00
Building Contract Review $300.00
Trust Account Administration Fee $20.00
Trust Account Cheque Fee $10.00 each
Stamping and Registration of Title after Settlement $150.00
Banking / Collection of cheques $30.00
Deed of Rescission / Variation drafting $300.00
Deed of Rescission / Variation review $300.00
Licence Agreement drafting $150.00
Licence Agreement review $150.00
Lodgement of Priority Notice $99.00
Replacement Certificate of Title $150.00
Conveyancing fees on a property of value greater than $2 million $250.00
Settlement in 21 days or less $75.00
Settlement in 14 days or less $120.00

We reserve our rights to amend the costs quoted in this letter at any time.

Queensland

Appointment Terms and Conditions

QLD Seller

You consent to your legal services being provided by Conveyancing.com.au Pty Ltd ABN 68 160 922 387 an incorporated legal practice.

1. Our Terms and Conditions
These Appointment Terms and Conditions form part of our costs agreement with you for your matter. They must be read with the Engagement Letter and the Schedule of Costs. These three documents make up the complete costs agreement (Costs Agreement) between us so please read them carefully.

We have also attached our Privacy Collection Statement and this contains important information about how we use and disclose important information that we collect about you.

You can accept the Costs Agreement by signing the Engagement Letter and returning it to us, by telling us that you accept the terms of our Engagement Letter, or by instructing us after you received the Engagement Letter. You have the right to negotiate any part of this Cost Agreement with us.

In these Terms, we, us, our and CCA means Conveyancing.com.au, and you and your means each client named in our Engagement Letter. If there is more than one client, you agree that any instructions we receive will be considered as authorised instructions from all of you. If one of you accept the Costs Agreement, the acceptance will be for and on behalf of all of you.

If there is a conflict between our Engagement Letter and the Appointment Terms and Conditions, our Costs Agreement will be interpreted in the following order

• These Appointment Terms and Conditions, then
• the Engagement Letter.

Our retainer commences when you receive a notification from our office advising that a matter has been created and you have been allocated a paralegal / lawyer.

2. Scope of Work
The scope of work that we undertake for you is set out in the Engagement Letter and is strictly limited to the work involved in a standard residential conveyance (Scope of Work).

Any work that falls outside the scope of a standard residential conveyance will be an additional cost billable to you. A list of additional costs is set out in the Schedule attached to the Engagement Letter.

If you would like us to undertake any additional work not included within the scope of our services, please make a request in writing to your paralegal/lawyer and we will advise you as soon as possible whether we will service your request. The decision whether to service your request will be at our absolute discretion. An additional fee estimate will be provided to you upon agreement of the scope of the additional works.

If you would like to instruct us to exclude any steps or work that are generally considered usual and necessary in a standard residential conveyance, or to save on any costs by not taking a certain action, such as ordering searches ordinarily required to complete our due diligence on your behalf, please make a request to your lawyer/paralegal. In doing so, you acknowledge that you accept any and all risks associated with the exclusions and waive your right to make any claim against us for any costs or loss you may suffer as a direct or indirect result of the exclusions.

3. Billing
Our invoices will be issued to, and payable by the client named in our Engagement Letter. You agree to us signing and sending you documents relating to this Costs Agreement or your transaction (including invoices) electronically.

We have the right to bill you immediately for any costs incurred and paid for by us in the course of your matter or add the same costs to the next bill. If you have been offered a discount on our fees by our Client Services Team, it will be applied to your account at settlement of the transaction (Settlement), unless otherwise agreed in writing.

You are entitled to negotiate the billing method, to receive a bill from us and to request an itemised bill. We may give you a lump sum or an itemised bill in the first instance. Our bills are due seven (7) days after the date of issue. All amounts payable whether outstanding, due or invoiced at time of Settlement will be collected as part of Settlement proceeds.

We may stop work until all invoices are paid. We may also charge you interest on any amount which remains unpaid for 30 days or more. The rate of interest will be 2% above the Cash Rate Target of the Reserve Bank of Australia. Our invoices are issued on the basis that we will receive the amount billed. If you are obliged to withhold tax for any reason in respect of the amount billed, or any bank or other charges are payable, you must gross up the payment so that we receive the amount stated in our invoice.

We have a right to put a lien on all documents, funds and records in any form whatsoever in our possession until we receive payment in full of all our bills for all your matters. We are entitled to retain for our records, copies of all documents which we give you, whether owned by us or not, and to deal with them in accordance with the legislative requirements of confidentiality.

4. Cost Disclosures
The Legal Profession Act 2007 (the Act) applies to legal costs in relation to your matter. You have rights under the Act to:
• Negotiate a costs agreement with us
• to receive a bill from us and to request an itemised bill after receiving a bill that is not itemised or is only partially itemised, and
• be notified of any substantial changes to the Act.

If there is a dispute regarding our costs, you may (in addition to any other rights you may have):
• Seek advice from the local regulatory authority (Legal Services Commission)
• apply for costs to be assessed within 12 months if you are unhappy with our costs, or
• apply for the costs agreement to be set aside.

For more information about your rights, please read the fact sheet titled “Legal costs: Rights and Obligations” which you can obtain from us or the Legal Services Commission.

5. Payment
Our fees are payable in stages:
• Our professional fee in performing Contract Reviews (if applicable) will be payable prior to you obtaining a review and you may also incur a cancellation fee if you change your mind after you have instructed us
• $75.00 (inclusive of GST) of the fixed professional legal fee is payable on completion of our Conveyancing Starter Pack, if you provide us with a fully signed contract for conveyance, and
• the balance of the fixed professional fees is payable on the day of settlement of the property, if settlement occurs.

5.1 Payment upon termination
If your signed Contract is terminated by either party after signing, the following fees are due:
• $50.00 (inclusive of GST) plus a fee associated with any searches ordered, and
• an amount proportional to the amount of work performed as a part of this Agreement as assessed by our legal practitioner, and payable on receipt of our invoice and are independent of any other fees charged and payable under this Cost Agreement.

5.2 Credit cards
When you pay your first invoice, you are giving us permission to retain your credit card details. If you fail to pay any amount that we have invoiced you 100 days after its due date (as set out in your invoice), we will charge your card what is owed. We will only keep your credit card details for the duration of your matter and will destroy our record of your credit card details when your matter is completed.

If the credit card details you give us expire, are cancelled or for any other reason cannot be debited by our payments provider, you will give us alternate credit card details as security for our services. If you do not give us these details, we have the right to stop working on your conveyancing until you provide new and valid credit card details.

You can remove this authority to charge your credit card at any time by advising us in writing.

6. GST
All fees and expenses will be increased by any applicable goods and services tax (GST) or similar tax. If services treated as GST-free are later found to have been taxable, you must pay us the amount of GST as well as any associated penalties or interest.

7. Our Trust Account
You are not obliged to use our trust account for this conveyance matter, however sometimes this may be necessary in order to settle your matter. If we instruct you to use our trust account, you will need to comply with the following requirements. If you do not comply with these requirements, you acknowledge that you will not be insured in the event of loss or fraud and you will indemnify Conveyancing.com.au Pty Ltd against any claim.

Requirements:
• Please advise your paralegal or lawyer you intend to use our statutory trust account
• you will be provided with a link to a password protected webpage giving you clear instructions for depositing money via email
• you must call and speak to your paralegal and request the password and confirm the details of the transfers that you will make. This call will be file noted by your paralegal or lawyer, and
• you must provide evidence of the transfer (copies of transfer receipts or deposit receipts) to your paralegal as soon as possible and in any event no later than two (2) business days after the transfer is made.

If we receive money into our trust account on your behalf, you authorise us to draw on that money to pay any amount due from you to us. Use of our trust account will incur a trust account administration fee and any associated bank cheque fees. You can find these in the Schedule of Fees at the back of the Engagement letter.

8. Banking
You may instruct us to bank cheques as a part of your conveyance. Conveyancing.com.au Pty Ltd will bank them as soon as practical after receipt of funds at Settlement. You acknowledge and indemnify Conveyancing.com.au Pty Ltd against any claim for loss arising as a result of any delay in banking and the receipt and clearance of funds by your financial institution.

You agree that before you transfer or deposit funds to our firm you will contact our office verbally to confirm the details of our bank account you will be making the deposit to. If you fail to do this and the funds are, as a result deposited to a fraudulent source, you indemnify Conveyancing.com.au Pty Ltd from any claim of loss arising as a result of this transfer or deposit. We will always contact you to verify any bank account details that you provide our office with to make sure any funds are deposited to your nominated account. We will not release funds unless we have verified with you your account details. If you are unavailable when we endeavour to contact you to verify these details, settlement may be delayed. In this instance you indemnify Conveyancing.com.au Pty Ltd from any claim for loss arising as a result of this.

9. Cessation of work
We reserve the right to cease work for you at any time without liability and with immediate effect if you fail to pay any invoices issued and payable on request from us (regardless of the payment due date) or if you have indicated to us in a way that a reasonable person would become doubtful of your ability settle our invoices.

We reserve the right to require you to pay a reasonable amount into our Trust Account to secure payment of our fees and costs prior to resuming work for you.

10. Termination of this Agreement
This Agreement may be terminated by you by giving us written notice at any time. If you terminate the agreement, you will be obliged to pay all fees and charges up to the date of termination. We have the right to retain your file until all fees and costs are paid.

We may also stop work on, or terminate the agreement by providing you with written notice if:
• You do not provide us with timely, accurate and proper instructions or information
• we decide that by continuing to act for you, we would be required to act contrary to any legal, regulatory or professional conduct obligation
• you fail to provide us with adequate identity documents to support your transaction
• you breach these terms
• any invoices are not paid by the due date or you do not pay a requested advance payment on account of future legal costs;
• you indicate to us that you have lost confidence in us
• we believe on a reasonable basis that you may have lost your legal and/or mental capacity to look after your affairs and you fail to give us proper instructions to act on your behalf
• we believe, acting reasonably, that there is fraud or attempted fraud occurring in relation to your transaction
• work required by you falls outside our Scope of Work, including where you seek to terminate an unconditional Contract, or
• you are taking action or foreshadow action to be taken, or require us to perform work, that leads to a perceived and/or actual conflict of interest between you and us for any other just cause.

If we cease to act for you we will take steps to remove our name from the court record in any court proceedings, you will receive a final account which will include all outstanding legal costs, you must pay our legal costs up to the date we cease to act, and we have the right to retain your file until all fees and costs are paid.

Clauses 10, 11, 12, 13, 14, 15, 16, 19, and 21 will survive termination of our engagement under this Agreement.

11. Liability
Irrespective of the party at fault, you agree that you will pay the first three (3) days of any default interest required to be paid as part of your conveyance transaction upfront whether accrued under the Terms of the Contract, as part of a settlement extension or on transfer duty. You may apply to our office to assess the costs incurred after Settlement.

You may be entitled to recover damages or compensation from us if you suffer loss as a result of our conduct up to and limited (to the extent permitted by law) to $2 million which is the limit of our professional indemnity insurance through the Legal Practitioners Liability Committee. However, if you are partly responsible for the loss, the amount of the damages or compensation can be reduced having regard to the extent of your responsibility.

We will do our best to action any requests that you make of us that is within the scope of our agreed service in a timely manner. Where possible we will action your requests within one (1) business day, however it cannot be considered as an unreasonable delay, however urgent the matter, if it is actioned within three (3) business days. Where you consider your matter to be urgent and cannot wait, we ask that you assist us in prioritising your matter by calling us and insist on this matter being escalated until your urgent query is resolved immediately.

It is important that you make yourself available for all key dates in relation to your conveyance transaction and advise us of your instructions by those dates. If you fail to make yourself available or to contact us to provide your instructions on the day, then you indemnify Conveyancing.com. au Pty Ltd from any claim or loss arising as a result of this.

12. Confidentiality
Our duty of confidentiality is fundamental to our practice. However, you agree that we may disclose your confidential information to the extent we consider it appropriate for the purpose of completing or processing the matter, as described in the Privacy Collection Statement or as required by law, including:

• Third parties who provide services to us (who may be located overseas), including but not limited to Think Support Services Inc;
• our professional advisers and insurers;
• the State Revenue Office, the Electronic Lodgment Network Operators (ELNO), Land Registry Services (LRS), and
• the parties described in the Privacy Collection Statement.

You consent to us recording and transferring materials relevant to your matter to our internal databases for learning and knowledge purposes while making reasonable efforts to ensure that confidential information is neither disclosed outside the law practice nor otherwise used inconsistently with the above obligations.

You agree that data received from you or relating to you (which may include confidential information) may be hosted on our behalf by third party technology providers (including cloud providers).

You acknowledge and consent that your information be accessed anywhere in the world by agents, contractors, employees and members of Conveyancing.com.au Pty Ltd and other subsidiary companies such as Think Support Services, Inc. All agents, contractors, employees and members of Conveyancing.com.au Pty Ltd and the related companies are bound by the same or equivalent privacy and confidentiality laws that govern the legal profession within Australia.

13. Privacy
You agree to the uses and disclosures of your information (including personal information) as described in the Privacy Collection Statement). Please contact us immediately if you do not consent, or would like to withdraw your consent to such uses or disclosures.

14. Intellectual Property
You agree that we own and will retain all intellectual property rights in all documents and other material we create in the course of your matter. You further agree that any material that you provide to us will not infringe the intellectual property rights of any third party.

15. Conflicts of Interest
You must provide us with all relevant information so we can conduct full and proper conflict checks.

In each matter in which we act for you, we act as your independent legal adviser solely in your best interests unless you agree that we can act for another party as well.

By entering into this agreement, you agree that we are permitted to act on the other side of a transaction from any person who we have previously acted for or are currently acting for, or both parties in a transaction provided we comply with all applicable professional rules, keep the information of each client confidential, are able to act in the best interests of each client and, where appropriate, use separate teams.

You agree that we are not obliged to disclose to you, or to take into account in advising you, information that is confidential to any other client or any other person, even if it would be to your advantage to have that information.

We reserve our rights to refuse to act for another party to a transaction or a conflict matter at any time.

16. Complaints
We aim to give you the best possible conveyancing service, but if you have any questions or concerns about your transaction you can:

• Write to your paralegal setting out your questions or concerns and we will work to provide you with a response within two (2) business days of your correspondence
• if you are still not satisfied with our response, you can escalate your concerns to our Customer Resolution Manager by emailing feedback@conveyancing.com.au

If you have any complaints about our service, you agree that you will not post any comments on social media sites unless you have notified us by the above means, and we have not responded to you within two (2) business days. We reserve the right to ask you to remove any material that you post if you fail to comply with this term. If you fail to comply with our request and your complaints are proven to be false, we reserve the right to claim any losses suffered as a result of your actions.

17. Email
Electronic communications may not appear in the same format in which they are sent, are sometimes delayed or not delivered, can be copied and edited and may contain computer viruses. To the extent permitted by law, we are not liable for any loss or damage you suffer because of technical issues (including delay or non-delivery), access without our knowledge or interference caused by a third party, or for any other reason outside of our control.

18. Mail
We will not accept any responsibility if post or parcels sent from or to our office are lost and we are not liable for any loss or damage if post or parcels are lost in transit, to or from you.

19. Your records
You agree that Conveyancing.com.au will, upon closing your file, retain your documents (save for documents deposited in our safe custody) for no more than six (6) weeks. After that time, we will digitally image your papers and destroy the originals. The digital copies of your papers will be stored on our servers for a period of no longer than seven (7) years.

Once your matters are closed and archived, you may ask us to provide you with a copy of documents, correspondences or information from your archived matter. We may charge you a fee for this service.

20. Novation
If we transfer our firm to another legal practice, we may assign our rights and obligations in this agreement and transfer documents to the legal practice that acquires our firm on provision of written notice to you, which we may send by email to the email address provided to us in this Agreement. Unless you give us a written direction to the contrary in relation to the conduct of your file, the assignment of our rights and obligations and the transfer of documents, will become effective 14 days after delivery of notice by us.

21. Governing Law
You acknowledge and accept that we are a national law firm with service delivery offices in various jurisdictions and that these terms (together with our Agreement) are governed by federal and state laws. The laws of Queensland apply to this Agreement. The courts of that jurisdiction will have exclusive jurisdiction in relation to any claim, dispute or difference concerning these Appointment Terms or any matter arising from them.

Schedule of Costs

Our fixed professional fees are strictly limited to the work involved in a standard residential conveyance. We have set out below a schedule of costs for additional services that do not form part of a standard residential conveyance and that we are able to provide upon request. We have also set out in this Schedule our administration fees.

We reserve the right to quote for any work requested that is subject to your specific needs.

The additional services we may provide to you include:

Service Cost (inclusive of GST)
Review of residential contract $225.00
Land Contract Review – Off the Plan property $499.00
Land Contract drafting $300.00 plus title search 
Cancellation fee for contract review $99.00
Building Contract Review $300.00
Trust Account Administration Fee $20.00
Trust Account Cheque Fee $10.00 each
Registration of Title after Settlement $150.00
Banking / collection of cheques $30.00
Deed of Rescission drafting / review $300.00
Deed of Variation drafting / review $300.00
Settlement in 21 days or less $75.00
Settlement in 14 days or less $120.00
Conveyancing fees on a property of value greater than $2 million $250.00

We reserve our rights to amend the costs quoted in this letter at any time.

South Australia

Appointment Terms and Conditions

SA Seller

You consent to your legal services being provided by Conveyancing.com.au Pty Ltd ABN 68 160 922 387 an incorporated legal practice.

1. Our Terms and Conditions
These Appointment Terms and Conditions form part of our costs agreement with you for your matter. They must be read with the Engagement Letter and the Schedule of Costs. These three documents make up the complete costs agreement (Costs Agreement) between us so please read them carefully.

We have also attached our Privacy Collection Statement and this contains important information about how we use and disclose important information that we collect about you.

You can accept the Costs Agreement by signing the Engagement Letter and returning it to us, by telling us that you accept the terms of our Engagement Letter, or by instructing us after you received the Engagement Letter. You have the right to negotiate any part of this Cost Agreement with us.

In these Terms, we, us, our and CCA means Conveyancing.com.au, and you and your means each client named in our Engagement Letter. If there is more than one client, you agree that any instructions we receive will be considered as authorised instructions from all of you. If one of you accept the Costs Agreement, the acceptance will be for and on behalf of all of you.

If there is a conflict between our Engagement Letter and the Appointment Terms and Conditions, our Costs Agreement will be interpreted in the following order:

  • These Appointment Terms and Conditions; then
  • the Engagement Letter.

Our retainer commences when you receive a notification from our office advising that a matter has been created and you have been allocated a paralegal / lawyer.

2. Scope of Work
The scope of work that we undertake for you is set out in the Engagement Letter and is strictly limited to the work involved in a standard residential conveyance (Scope of Work).

Any work that falls outside the scope of a standard residential conveyance will be an additional cost billable to you. A list of additional costs is set out in the Schedule attached to the Engagement Letter.

If you would like us to undertake any additional work not included within the scope of our services, please make a request in writing to your paralegal/lawyer and we will advise you as soon as possible whether we will service your request. The decision whether to service your request will be at our absolute discretion. An additional fee estimate will be provided to you upon agreement of the scope of the additional works.

If you would like to instruct us to exclude any steps or work that are generally considered usual and necessary in a standard residential conveyance, or to save on any costs by not taking a certain action, such as ordering searches ordinarily required to complete our due diligence on your behalf, please make a request to your lawyer/paralegal. In doing so, you acknowledge that you accept any and all risks associated with the exclusions and waive your right to make any claim against us for any costs or loss you may suffer as a direct or indirect result of the exclusions.

3. Billing
Our invoices will be issued to, and payable by the client named in our Engagement Letter. You agree to us signing and sending you documents relating to this Costs Agreement or your transaction (including invoices) electronically.

We have the right to bill you immediately for any costs incurred and paid for by us in the course of your matter or add the same costs to the next bill. If you have been offered a discount on our fees by our Client Services Team, it will be applied to your account at settlement of the transaction (Settlement), unless otherwise agreed in writing.

You are entitled to negotiate the billing method, to receive a bill from us and to request an itemised bill. We may give you a lump sum or an itemised bill in the first instance. Our bills are due seven (7) days after the date of issue. All amounts payable whether outstanding, due or invoiced at time of Settlement will be collected as part of Settlement proceeds.

We may stop work until all invoices are paid. We may also charge you interest on any amount which remains unpaid for 30 days or more. The rate of interest will be 2% above the Cash Rate Target of the Reserve Bank of Australia. Our invoices are issued on the basis that we will receive the amount billed. If you are obliged to withhold tax for any reason in respect of the amount billed, or any bank or other charges are payable, you must gross up the payment so that we receive the amount stated in our invoice.

We have a right to put a lien on all documents, funds and records in any form whatsoever in our possession until we receive payment in full of all our bills for all your matters. We are entitled to retain for our records, copies of all documents which we give you, whether owned by us or not, and to deal with them in accordance with the legislative requirements of confidentiality.

4. Cost Disclosures
The Legal Practitioners Act 1981 (the Act) applies to legal costs in relation to your matter. You have the rights under the Act 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
  • receive notification of any substantial changes to the Act.

If there is a dispute regarding our costs, you may (in addition to any other rights you may have)

  • Seek advice from the local regulatory authority (Legal Services Board and Commissioner)
  • seek an adjudication of costs, or
  • apply for the costs agreement to be set aside.

For more information about your rights, please read the fact sheet titled “Legal costs – your right to know” which you can obtain from us or the Legal Services Commissioner.

5. Payment
Our fees are payable in stages:

  • Our professional fee in performing contract reviews (if applicable) will be payable prior to you obtaining your review (there will also be a cancellation fee if change your mind after you have instructed us to perform a contract review
  • $75.00 (inclusive of GST) of the fixed professional legal fee is payable on completion of our Conveyancing Starter Pack, if you provide us with a fully signed contract for conveyance, and
  • the balance of the fixed professional fees is payable on the day of settlement of the property, if settlement occurs.

5.1 Payment upon termination
If your signed Contract is terminated by either party after signing, the following fees are due:

  • $110 (inclusive of GST) plus a fee associated with any searches ordered; and
  • an amount proportional to the amount of work performed as a part of this Agreement as assessed by our legal practitioner, and payable on receipt of our invoice and are independent of any other fees charged and payable under this Cost Agreement.

If your sale Contract is terminated by either party after signing, the following fees are due:

  • $50 (inclusive of GST) plus a fee associated with any searches ordered, and
  • an amount proportional to the amount of work performed as a part of this Agreement as assessed by our legal practitioner.

5.2 Credit cards
When you pay your first invoice, you are giving us permission to retain your credit card details. If you fail to pay any amount that we have invoiced you 100 days after its due date (as set out in your invoice), we will charge your card what is owed. We will only keep your credit card details for the duration of your matter and will destroy our record of your credit card details when your matter is completed.

If the credit card details you give us expire, are cancelled or for any other reason cannot be debited by our payments provider, you will give us alternate credit card details as security for our services. If you do not give us these details, we have the right to stop working on your conveyancing until you provide new and valid credit card details.

You can remove this authority to charge your credit card at any time by advising us in writing.

6. GST
All fees and expenses will be increased by any applicable goods and services tax (GST) or similar tax. If services treated as GST-free are later found to have been taxable, you must pay us the amount of GST as well as any associated penalties or interest.

7. Our Trust Account
You are not obliged to use our trust account for this conveyance matter, however sometimes this may be necessary in order to settle your matter. If we instruct you to use our trust account, you will need to comply with the following requirements. If you do not comply with these requirements, you acknowledge that you will not be insured in the event of loss or fraud and you will indemnify Conveyancing.com.au Pty Ltd against any claim.

Requirements:

  • Please advise your paralegal or lawyer you intend to use our statutory trust account
  • you will be provided with a link to a password protected webpage giving you clear Instructions for depositing money via email
  • you must call and speak to your paralegal and request the password and confirm the details of the transfers that you will make. This call will be file noted by your paralegal or lawyer, and
  • you must provide evidence of the transfer (copies of transfer receipts or deposit receipts) to your paralegal as soon as possible and in any event no later than two (2) business days after the transfer is made.

If we receive money into our trust account on your behalf, you authorise us to draw on that money to pay any amount due from you to us. Use of our trust account will incur a trust account administration fee and any associated bank cheque fees. You can find these in the Schedule of Fees at the back of the Engagement letter.

8. Banking
You may instruct us to bank cheques as a part of your conveyance. Conveyancing.com.au Pty Ltd will bank them as soon as practical after receipt of funds at Settlement. You acknowledge and indemnify Conveyancing.com.au Pty Ltd against any claim for loss arising as a result of any delay in banking and the receipt and clearance of funds by your financial institution.

You agree that before you transfer or deposit funds to our firm you will contact our office verbally to confirm the details of our bank account you will be making the deposit to. If you fail to do this and the funds are, as a result deposited to a fraudulent source, you indemnify Conveyancing.com.au Pty Ltd from any claim of loss arising as a result of this transfer or deposit.

We will always contact you to verify any bank account details that you provide our office with to make sure any funds are deposited to your nominated account. We will not release funds unless we have verified with you your account details. If you are unavailable when we endeavour to contact you to verify these details, settlement may be delayed. In this instance you indemnify Conveyancing.com.au Pty Ltd from any claim for loss arising as a result of this.

9. Cessation of work
We reserve the right to cease work for you at any time without liability and with immediate effect if you fail to pay any invoices issued and payable on request from us (regardless of the payment due date) or if you have indicated to us in a way that a reasonable person would become doubtful of your ability settle our invoices.

We reserve the right to require you to pay a reasonable amount into our Trust Account to secure payment of our fees and costs prior to resuming work for you.

10. Termination of this Agreement
This Agreement may be terminated by you by giving us written notice at any time. If you terminate the agreement, you will be obliged to pay all fees and charges up to the date of termination. We have the right to retain your file until all fees and costs are paid.

We may also stop work on, or terminate the agreement by providing you with written notice if:

  • You do not provide us with timely, accurate and proper instructions or information
  • we decide that by continuing to act for you, we would be required to act contrary to any legal, regulatory or professional conduct obligation
  • you fail to provide us with adequate identity documents to support your transaction
  • you breach these terms
  • any invoices are not paid by the due date or you do not pay a requested advance payment on account of future legal costs
  • you indicate to us that you have lost confidence in us
  • we believe on a reasonable basis that you may have lost your legal and/or mental capacity to look after your affairs and you fail to give us proper instructions to act on your behalf
  • we believe, acting reasonably, that there is fraud or attempted fraud occurring in relation to your transaction
  • work required by you falls outside our Scope of Work, including where you seek to terminate an unconditional Contract, or
  • you are taking action or foreshadow action to be taken, or require us to perform work, that leads to a perceived and/or actual conflict of interest between you and us for any other just cause.

If we cease to act for you we will take steps to remove our name from the court record in any court proceedings, you will receive a final account which will include all outstanding legal costs, you must pay our legal costs up to the date we cease to act, and we have the right to retain your file until all fees and costs are paid.

Clauses 10, 11, 12, 13, 14, 15, 16, 19, and 21 will survive termination of our engagement under this Agreement.

11. Liability
Irrespective of the party at fault, you agree that you will pay the first three (3) days of any default interest required to be paid as part of your conveyance transaction upfront whether accrued under the Terms of the Contract, as part of a settlement extension or on transfer duty. You may apply to our office to assess the costs incurred after Settlement.

You may be entitled to recover damages or compensation from us if you suffer loss as a result of our conduct up to and limited (to the extent permitted by law) to $2 million which is the limit of our professional indemnity insurance through the Legal Practitioners Liability Committee. However, if you are partly responsible for the loss, the amount of the damages or compensation can be reduced having regard to the extent of your responsibility.

We will do our best to action any requests that you make of us that is within the scope of our agreed service in a timely manner. Where possible we will action your requests within one (1) business day, however it cannot be considered as an unreasonable delay, however urgent the matter, if it is actioned within three (3) business days. Where you consider your matter to be urgent and cannot wait, we ask that you assist us in prioritising your matter by calling us and insist on this matter being escalated until your urgent query is resolved immediately.

It is important that you make yourself available for all key dates in relation to your conveyance transaction and advise us of your instructions by those dates. If you fail to make yourself available or to contact us to provide your instructions on the day, then you indemnify Conveyancing.com.au Pty Ltd from any claim or loss arising as a result of this.

12. Confidentiality
Our duty of confidentiality is fundamental to our practice. However, you agree that we may disclose your confidential information to the extent we consider it appropriate for the purpose of completing or processing the matter, as described in the Privacy Collection Statement or as required by law, including:

  • Third parties who provide services to us (who may be located overseas), including but not limited to Think Support Services Inc
  • our professional advisers and insurers
  • the State Revenue Office, the Electronic Lodgment Network Operators (ELNO), Land Registry Services (LRS), and
  • the parties described in the Privacy Collection Statement.

You consent to us recording and transferring materials relevant to your matter to our internal databases for learning and knowledge purposes while making reasonable efforts to ensure that confidential information is neither disclosed outside the law practice nor otherwise used inconsistently with the above obligations.

You agree that data received from you or relating to you (which may include confidential information) may be hosted on our behalf by third party technology providers (including cloud providers).

You acknowledge and consent that your information be accessed anywhere in the world by agents, contractors, employees and members of Conveyancing.com.au Pty Ltd and other subsidiary companies such as Think Support Services, Inc. All agents, contractors, employees and members of Conveyancing.com.au Pty Ltd and the related companies are bound by the same or equivalent privacy and confidentiality laws that govern the legal profession within Australia.

13. Privacy
You agree to the uses and disclosures of your information (including personal information) as described in the Privacy Collection Statement). Please contact us immediately if you do not consent, or would like to withdraw your consent to such uses or disclosures.

14. Intellectual Property
You agree that we own and will retain all intellectual property rights in all documents and other material we create in the course of your matter. You further agree that any material that you provide to us will not infringe the intellectual property rights of any third party.

15. Conflicts of Interest
You must provide us with all relevant information so we can conduct full and proper conflict checks.

In each matter in which we act for you, we act as your independent legal adviser solely in your best interests unless you agree that we can act for another party as well.

By entering into this agreement, you agree that we are permitted to act on the other side of a transaction from any person who we have previously acted for or are currently acting for, or both parties in a transaction provided we comply with all applicable professional rules, keep the information of each client confidential, are able to act in the best interests of each client and, where appropriate, use separate teams.
You agree that we are not obliged to disclose to you, or to take into account in advising you, information that is confidential to any other client or any other person, even if it would be to your advantage to have that information.
We reserve our rights to refuse to act for another party to a transaction or a conflict matter at any time.

16. Feedback
We aim to give you the best possible conveyancing service, but if you have any questions or concerns about your transaction you can:

  • Write to your paralegal setting out your questions or concerns and we will work to provide you with a response within two (2) to five (5) business days of your correspondence
  • if you are still not satisfied with our response, you can escalate your concerns to our Customer Resolution Manager by emailing feedback@conveyancing.com.au

If you have any complaints about our service, you agree that you will not post any comments on social media sites unless you have notified us by the above means, and we have not responded to you within two (2) business days. We reserve the right to ask you to remove any material that you post if you fail to comply with this term. If you fail to comply with our request and your complaints are proven to be false, we reserve the right to claim any losses suffered as a result of your actions.

17. Email
Electronic communications may not appear in the same format in which they are sent, are sometimes delayed or not delivered, can be copied and edited and may contain computer viruses. To the extent permitted by law, we are not liable for any loss or damage you suffer because of technical issues (including delay or non-delivery), access without our knowledge or interference caused by a third party, or for any other reason outside of our control.

18. Mail
We will not accept any responsibility if post or parcels sent from or to our office are lost and we are not liable for any loss or damage if post or parcels are lost in transit, to or from you.

19. Your records
You agree that Conveyancing.com.au will, upon closing your file, retain your documents (save for documents deposited in our safe custody) for no more than six (6) weeks. After that time, we will digitally image your papers and destroy the originals. The digital copies of your papers will be stored on our servers for a period of no longer than seven (7) years.

Once your matters are closed and archived, you may ask us to provide you with a copy of documents, correspondences or information from your archived matter. We may charge you a fee for this service.

20. Novation
If we transfer our firm to another legal practice, we may assign our rights and obligations in this agreement and transfer documents to the legal practice that acquires our firm on provision of written notice to you, which we may send by email to the email address provided to us in this Agreement. Unless you give us a written direction to the contrary in relation to the conduct of your file, the assignment of our rights and obligations and the transfer of documents, will become effective 14 days after delivery of notice by us.

21. Governing Law
You acknowledge and accept that we are a national law firm with service delivery offices in various jurisdictions and that these terms (together with this Costs Agreement) are governed by federal and state laws. The laws of South Australia apply to this Costs Agreement. The courts of that jurisdiction will have exclusive jurisdiction in relation to any claim, dispute or difference concerning these Appointment Terms, the Costs Agreement or any matter arising from them.

Schedule of Costs

Our fixed professional fees are strictly limited to the work involved in a standard residential conveyance. We have set out below a schedule of costs for additional services that do not form part of a standard residential conveyance and that we are able to provide upon request. We have also set out in this Schedule our administration fees.

We reserve the right to quote for any work requested that is subject to your specific needs.

The additional services we may provide to you include:

Service Cost (inclusive of GST)
Review of residential contract $499.00
Land Contract Review – Off the Plan property $649.00
Fee for cancellation of residential Contract Review after booking has been made $49.00
Land Contract drafting $300.00 plus title search 
Fee for cancellation of off the plan Contract Review after booking has been made $99.00
Fee for cancellation of service after file has  been opened $32.00
Lodgment of Caveat $165.00
Contract for Sale drafting $699.00
Building Contract Review $300.00
Trust Account Administration Fee $20.00
Trust Account Cheque Fee $10.00 each
Stamping and Registration of Title after Settlement $150.00
Banking / collection of cheques $30.00
Deed of Rescission / Variation drafting $300.00
Deed of Rescission / Variation review $300.00
Licence Agreement drafting $150.00
Licence Agreement review $150.00
Lodgement of Priority Notice $99.00
Replacement Certificate of Title $150.00
Surcharge on conveyancing fees on a property of value greater than $2 million $250.00
Settlement in 21 days or less $75.00
Settlement in 14 days or less $120.00

We reserve our rights to amend the costs quoted in this letter at any time.

Tasmania

Appointment Terms and Conditions

TAS Seller

You consent to your legal services being provided by Conveyancing.com.au Pty Ltd ABN 68 160 922 387 an incorporated legal practice.

1. Our Terms and Conditions
These Appointment Terms and Conditions form part of our costs agreement with you for your matter. They must be read with the Engagement Letter and the Schedule of Costs. These three documents make up the complete costs agreement (Costs Agreement) between us so please read them carefully.

We have also attached our Privacy Collection Statement and this contains important information about how we use and disclose information collected about you.

You can accept the Costs Agreement by signing the Engagement Letter and returning it to us, by telling us that you accept the terms of our Engagement Letter, or by instructing us after you have received the Engagement Letter. You have the right to negotiate any part of this Costs Agreement with us.

In these Terms, we, us, our and CCA means Conveyancing.com.au, and you and your means each client named in our Engagement Letter. If there is more than one client, you agree that any instructions we receive will be considered as authorised instructions from all of you. If one of you accept the Costs Agreement, the acceptance will be for and on behalf of all of you.

If there is a conflict between our Engagement Letter and the Appointment Terms and Conditions, our Costs Agreement will be interpreted in the following order:

• These Appointment Terms and Conditions, then
• the Engagement Letter.

Our retainer commences when you receive a notification from our office advising that a matter has been created and you have been allocated a paralegal / lawyer.

2. Scope of Work
The scope of work that we undertake for you is set out in the Engagement Letter and is strictly limited to the work involved in a standard residential conveyance (Scope of Work).

Any work that falls outside the scope of a standard residential conveyance will be an additional cost billable to you. A list of additional costs is set out in the Schedule attached to the Engagement Letter.

If you would like us to undertake any additional work not included within the scope of our services, please make a request in writing to your paralegal/lawyer and we will advise you as soon as possible whether we will service your request. The decision whether to service your request will be at our absolute discretion. An additional fee estimate will be provided to you upon agreement of the scope of the additional works.

If you would like to instruct us to exclude any steps or work that are generally considered usual and necessary in a standard residential conveyance, or to save on any costs by not taking a certain action, such as ordering searches ordinarily required to complete our due diligence on your behalf, please make a request to your lawyer/paralegal. In doing so, you acknowledge that you accept any and all risks associated with the exclusions and waive your right to make any claim against us for any costs or loss you may suffer as a direct or indirect result of the exclusions.

2.1 Scope of work excluded
You acknowledge that we provide legal services to complete a conveyancing transaction. Our Scope of Work does not include advice work surrounding disputes, termination of an unconditional contract or dealing with any form of conflict between the parties involved in a transaction. We are a firm practicing residential conveyancing focusing on property law and do not provide advice or services in the following areas:

• Witnessing and advising on finance documents (including loan/mortgage advice) • Financial and Taxation Advice • Eligibility for government grants • Succession and Matrimonial advice • Physical inspection of the property and surroundings • Consumer guarantees • Leases, letting or residential tenancies • Caretaking and letting agreements • Advice on financial agreements, court orders, deeds of family arrangements • your future use of the property • Town planning advice • Home warranty insurance • Foreign Investment Review Board requirements • Review of Trusts or Trust Deeds • Advice on the capability of a company or trust to complete a transaction • Advice on insurance contracts or the adequacy of existing insurance policies • Advice on properties which may be unfit for occupation or are extensively damaged • Advice on the management of a body corporate • Deceased estates and estate management • Terms contracts.

2.2 What we require from you
To provide you with legal services we require you to and you agree to:
• Provide clear, honest and complete instructions relevant to your matter and any material change in your circumstances that might impact on your matter while we continue to act for you
• cooperate in the matter and do all that we reasonably request of you in a timely manner
• accept and follow our reasonable legal advice, and
• provide funds in advance in accordance with this Costs Agreement or as we may agree.

Often, we need to make assumptions in order to provide advice. It is your responsibility to carefully review any assumptions and let us know immediately if any assumptions are incorrect or inappropriate, or if you think we have misunderstood your instructions.

You have the right to ask us for written reports on:
• The progress of your matter, and
• the fees and costs to date or since your last bill.

3. Billing
Our invoices will be issued to, and payable by the client named in our Engagement Letter. You agree to us signing and sending you documents relating to this Costs Agreement or your transaction (including invoices) electronically.

We have the right to bill you immediately for any costs incurred and paid for by us in the course of your matter or add the same costs to the next bill. If you have been offered a discount on our fees by our Client Services Team, it will be applied to your account at settlement of the transaction (Settlement), unless otherwise agreed in writing.

You are entitled to negotiate the billing method, to receive a bill from us and to request an itemised bill. We may give you a lump sum or an itemised bill in the first instance. Our bills are due seven (7) days after the date of issue. All amounts payable whether outstanding, due or invoiced at time of Settlement will be collected as part of Settlement proceeds.

We may stop work until all invoices are paid. We may also charge you interest on any amount which remains unpaid for 30 days or more. The rate of interest will be 2% above the Cash Rate Target of the Reserve Bank of Australia. Our invoices are issued on the basis that we will receive the amount billed. If you are obliged to withhold tax for any reason in respect of the amount billed, or any bank or other charges are payable, you must gross up the payment so that we receive the amount stated in our invoice.

We have a lien on all documents, funds and records in any form whatsoever in our possession until we receive payment in full of all our bills for all your matters. We are entitled to retain for our records, copies of all documents which we give you, whether owned by us or not, and to deal with them in accordance with the legislative requirements of confidentiality.

4. Cost Disclosures
The Legal Profession Act 2007 (the Act) applies to legal costs in relation to your matter.

You have rights under the Act to:
• Negotiate a costs agreement with us
• negotiate the billing method (for example, by reference to timing or task)
• to receive a bill from us and to request an itemised bill within 30 days after receiving a bill that is not itemised or is only partially itemised;
• be notified of any substantial change to anything included in this Costs Agreement.

If there is a dispute regarding our costs, you may (in addition to any other rights you may have):
• To apply for a costs assessment through the Supreme Court of Tasmania within 60 days of payment or receipt of the bill
• apply to a costs assessor through the Supreme Court of Tasmania for costs to be set aside, or
• make a complaint to the Legal Profession Board of Tasmania.

For more information about your rights, please read the fact sheet titled Your Right to Challenge Legal Costs. You can ask us for a copy, or obtain it from the Legal Profession Board of Tasmania).

5. Payment
Our fees are payable in stages:
• Our professional fee in performing Contract Reviews (if applicable) will be payable prior to you obtaining your review payable prior to you obtaining a review and you may incur a cancellation fee if you change your mind after you have instructed us
• $300.00 (inclusive of GST) of the fixed professional legal fee is payable on completion of our Conveyancing Starter Pack, if you provide us with a fully signed contract for conveyance, and
• the balance of the fixed professional fees is payable on the day of settlement of the property, if settlement occurs.

5.1 Payment upon termination
If your signed Contract is terminated by either party after signing, the following fees are due:
• $110.00 (inclusive of GST) plus a fee associated with any searches ordered; and
• an amount proportional to the amount of work performed as a part of this Agreement as assessed by our legal practitioner, and payable on receipt of our invoice and are independent of any other fees charged and payable under this Cost Agreement.

5.2 Credit cards
When you pay your first invoice, you are giving us permission to retain your credit card details. If you fail to pay any amount that we have invoiced you 100 days after its due date (as set out in your invoice), we will charge your card what is owed. We will only keep your credit card details for the duration of your matter and will destroy our record of your credit card details when your matter is completed.

If the credit card details you give us expire, are cancelled or for any other reason cannot be debited by our payments provider, you will give us alternate credit card details as security for our services. If you do not give us these details, we have the right to stop working on your conveyancing until you provide new and valid credit card details.

You can remove this authority to charge your credit card at any time by advising us in writing.

6. GST
All fees and expenses will be increased by any applicable goods and services tax (GST) or similar tax. If services treated as GST-free are later found to have been taxable, you must pay us the amount of GST as well as any associated penalties or interest.

7. Our Trust Account
You are not obliged to use our trust account for this conveyance matter, however sometimes this may be necessary in order to settle your matter. If we instruct you to use our trust account, you will need to comply with the following requirements. If you do not comply with these requirements, you acknowledge that you will not be insured in the event of loss or fraud and you will indemnify Conveyancing.com.au Pty Ltd against any claim.

Requirements:
• Please advise your paralegal or lawyer you intend to use our statutory trust account;
• you will be provided with a link to a password protected webpage giving you clear Instructions for depositing money via email;
• you must call and speak to your paralegal and request the password and confirm the details of the transfers that you will make. This call will be file noted by your paralegal or lawyer; and
• you must provide evidence of the transfer (copies of transfer receipts or deposit receipts) to your paralegal as soon as possible and in any event no later than two (2) business days after the transfer is made.

If we receive money into our trust account on your behalf, you authorise us to draw on that money to pay any amount due from you to us. Use of our trust account will incur a trust account administration fee and any associated bank cheque fees. You can find these in the Schedule of Fees at the back of the Engagement letter.

8. Banking
You may instruct us to bank cheques as a part of your conveyance. Conveyancing.com.au Pty Ltd will bank them as soon as practical after receipt of funds at Settlement. You acknowledge and indemnify Conveyancing.com.au Pty Ltd against any claim for loss arising as a result of any delay in banking and the receipt and clearance of funds by your financial institution.

You agree that before you transfer or deposit funds to our firm you will contact our office verbally to confirm the details of our bank account you will be making the deposit to. If you fail to do this and the funds are, as a result, deposited to a fraudulent source, you indemnify Conveyancing.com.au Pty Ltd from any claim of loss arising as a result of this transfer or deposit.

We will always contact you to verify any bank account details that you provide our office with to make sure any funds are deposited to your nominated account. We will not release funds unless we have verified with you your account details. If you are unavailable when we endeavour to contact you to verify these details, settlement may be delayed. In this instance you indemnify Conveyancing.com.au Pty Ltd from any claim for loss arising as a result of this.

9. Cessation of work
We reserve the right to cease work for you at any time without liability and with immediate effect if you fail to pay any invoices issued and payable on request from us (regardless of the payment due date) or if you have indicated to us in a way that a reasonable person would become doubtful of your ability settle our invoices.

We reserve the right to require you to pay a reasonable amount into our Trust Account to secure payment of our fees and costs prior to resuming work for you.

10. Termination of this Agreement
This Agreement may be terminated by you by giving us written notice at any time. If you terminate the agreement, you will be obliged to pay all fees and charges up to the date of termination. We have the right to retain your file until all fees and costs are paid.

We may also stop work on, or terminate the agreement by providing you with written notice if:
• You do not provide us with timely, accurate and proper instructions or information
• we decide that by continuing to act for you, we would be required to act contrary to any legal, regulatory or professional conduct obligation
• you fail to provide us with adequate identity documents to support your transaction
• you breach these terms
• any invoices are not paid by the due date or you do not pay a requested advance payment on account of future legal costs;
• you indicate to us that you have lost confidence in us
• we believe on a reasonable basis that you may have lost your legal and/or mental capacity to look after your affairs and you fail to give us proper instructions to act on your behalf
• we believe, acting reasonably, that there is fraud or attempted fraud occurring in relation to your transaction
• work required by you falls outside our Scope of Work, including where you seek to terminate an unconditional Contract, or
• you are taking action or foreshadow action to be taken, or require us to perform work, that leads to a perceived and/or actual conflict of interest between you and us for any other just cause.

If we cease to act for you we will take steps to remove our name from the court record in any court proceedings, you will receive a final account which will include all outstanding legal costs, you must pay our legal costs up to the date we cease to act, and we have the right to retain your file until all fees and costs are paid.

Clauses 10, 11, 12, 13, 14, 15, 16, 19, and 21 will survive termination of our engagement under this Agreement.

11. Liability
Irrespective of the party at fault, you agree that you will pay the first three (3) days of any default interest required to be paid as part of your conveyance transaction upfront whether accrued under the Terms of the Contract, as part of a settlement extension or on transfer duty. You may apply to our office to assess the costs incurred after Settlement.

You may be entitled to recover damages or compensation from us if you suffer loss as a result of our conduct up to and limited (to the extent permitted by law) to $2 million which is the limit of our professional indemnity insurance through the Legal Practitioners Liability Committee. However, if you are partly responsible for the loss, the amount of the damages or compensation can be reduced having regard to the extent of your responsibility.

We will do our best to action any requests that you make of us that is within the scope of our agreed service in a timely manner. Where possible we will action your requests within one (1) business day, however it cannot be considered as an unreasonable delay, however urgent the matter, if it is actioned within three (3) business days. Where you consider your matter to be urgent and cannot wait, we ask that you assist us in prioritising your matter by calling us and insist on this matter being escalated until your urgent query is resolved immediately.

It is important that you make yourself available for all key dates in relation to your conveyance transaction and advise us of your instructions by those dates. If you fail to make yourself available or to contact us to provide your instructions on the day, then you indemnify Conveyancing.com.au Pty Ltd from any claim or loss arising as a result of this.

12. Confidentiality
Our duty of confidentiality is fundamental to our practice. However, you agree that we may disclose your confidential information to the extent we consider it appropriate for the purpose of completing or processing the matter, as described in the Privacy Collection Statement or as required by law, including:

• Third parties who provide services to us (who may be located overseas), including but not limited to Think Support Services Inc
• our professional advisers and insurers
• the State Revenue Office, the Electronic Lodgment Network Operators (ELNO), Land Titles Office (LTO), and
• the parties described in the Privacy Collection Statement.

You consent to us recording and transferring materials relevant to your matter to our internal databases for learning and knowledge purposes while making reasonable efforts to ensure that confidential information is neither disclosed outside the law practice nor otherwise used inconsistently with the above obligations.

You agree that data received from you or relating to you (which may include confidential information) may be hosted on our behalf by third party technology providers (including cloud providers).

You acknowledge and consent that your information be accessed anywhere in the world by agents, contractors, employees and members of Conveyancing.com.au Pty Ltd and other subsidiary companies such as Think Support Services, Inc. All agents, contractors, employees and members of Conveyancing.com.au Pty Ltd and the related companies are bound by the same or equivalent privacy and confidentiality laws that govern the legal profession within Australia.

13. Privacy
You agree to the uses and disclosures of your information (including personal information) as described in the Privacy Collection Statement). Please contact us immediately if you do not consent, or wish to withdraw your consent to such uses or disclosures.

14. Intellectual Property
You agree that we own and will retain all intellectual property rights in all documents and other material we create in the course of your matter. You further agree that any material that you provide to us will not infringe the intellectual property rights of any third party.

15. Conflicts of Interest
You must provide us with all relevant information so we can conduct full and proper conflict checks.

In each matter in which we act for you, we act as your independent legal adviser solely in your best interests unless you agree that we can act for another party as well.

By entering into this agreement, you agree that we are permitted to act on the other side of a transaction from any person who we have previously acted for or are currently acting for, or both parties in a transaction provided we comply with all applicable professional rules, keep the information of each client confidential, are able to act in the best interests of each client and, where appropriate, use separate teams.

You agree that we are not obliged to disclose to you, or to take into account in advising you, information that is confidential to any other client or any other person, even if it would be to your advantage to have that information.

We reserve our rights to refuse to act for another party to a transaction or a conflict matter at any time.

16. Feedback
We aim to give you the best possible conveyancing service, but if you have any questions or concerns about your transaction you can:
• write to your paralegal setting out your questions or concerns and we will work to provide you with a response within two (2) to five (5) business days of your correspondence
• if you are still not satisfied with our response, you can escalate your concerns to our Customer Resolution Manager by emailing feedback@conveyancing.com.au or calling 03 8588 7791

You agree that you will not publicise your queries or concerns with the quality of our service on any social media sites until after you have provided your feedback to us by at least two of the above means and we have not responded to your queries or concerns within two (2) business days as the minimum timeframe allowed. If you fail to comply with this term, you must immediately remove your publication upon request from us. If you refuse to comply with our request and your claims are ultimately proven to be false, we reserve the right to claim any losses suffered as a result of your actions.

17. Email
Electronic communications may not appear in the same format in which they are sent, are sometimes delayed or not delivered, can be copied and edited and may contain computer viruses. To the extent permitted by law, we are not liable for any loss or damage you suffer because of technical issues (including delay or non-delivery), access without our knowledge or interference caused by a third party, or for any other reason outside of our control.

18. Mail
We will not accept any responsibility if post or parcels sent from or to our office are lost and we are not liable for any loss or damage if post or parcels are lost in transit, to or from you.

19. Your records
You agree that Conveyancing.com.au will, upon closing your file, retain your documents (save for documents deposited in our safe custody) for no more than six (6) weeks. After that time, we will digitally image your papers and destroy the originals. The digital copies of your papers will be stored on our servers for a period of no longer than seven (7) years.

Once your matters are closed and archived, you may ask us to provide you with a copy of documents, correspondences or information from your archived matter. We may charge you a fee for this service.

20. Novation
If we transfer our firm to another legal practice, we may assign our rights and obligations in this agreement and transfer documents to the legal practice that acquires our firm on provision of written notice to you, which we may send by email to the email address provided to us in this Agreement. Unless you give us a written direction to the contrary in relation to the conduct of your file, the assignment of our rights and obligations and the transfer of documents, will become effective 14 days after delivery of notice by us.

21. Governing Law
You acknowledge and accept that we are a national law firm with service delivery offices in various jurisdictions and that these terms (together with our Agreement) are governed by federal and state laws. The laws of Tasmania apply to this Agreement. The courts of that jurisdiction will have exclusive jurisdiction in relation to any claim, dispute or difference concerning these Appointment Terms or any matter arising from them.

Schedule of Costs

Our fixed professional fees are strictly limited to the work involved in a standard residential conveyance. We have set out below a schedule of costs for additional services that do not form part of a standard residential conveyance and that we are able to provide upon request. We have also set out in this Schedule our administration fees.

We reserve the right to quote for any work requested that is subject to your specific needs.

The additional services we may provide to you include:

Service Cost (inclusive of GST)
Cancellation fee for contract review $110.00
Building Contract Review $300.00
Trust Account Administration Fee $20.00
Trust Account Cheque Fee $10.00 each
Stamping and Registration of Title after Settlement $55.00
Banking / collection of cheques $30.00
Deed of Rescission / Variation drafting $300.00
Deed of Rescission / Variation review $300.00
Licence Agreement drafting $300.00
Licence Agreement review $150.00
General Power of Attorney drafting $150.00
Caveat $165.00
Settlement in 21 days or less $75.00
Settlement in 14 days or less $120.00
Conveyancing fees on a property of value greater than $2 million $250.00

We reserve our rights to amend the costs quoted in this letter at any time.

Victoria

Appointment Terms and Conditions

VIC Seller

You consent to your legal services being provided by Conveyancing.com.au Pty Ltd ABN 68 160 922 387 an incorporated legal practice.

1. Our Terms and Conditions
These Appointment Terms and Conditions form part of our costs agreement (Costs Agreement) with you for your matter. They must be read with the Engagement Letter and the Privacy Collection Statement.  These three documents read together make up the complete costs agreement, thank you for taking the time to read these.

You can accept the Costs Agreement by:

  • Signing (e-sign or by hand) and returning the acknowledgement below
  • by telling us that you accept our offer verbally or by email
  • or by instructing us to work on your conveyancing, after you have received the Engagement letter.

You have the right to negotiate any part of this Costs Agreement with us.

Conveyancing.com.au respects the privacy rights of our clients and is committed to protecting the personal information that we collect. The Privacy Collection Statement attached is a guide to how we collect, use and disclose your personal information.

In these Terms, we, us, our and CCA means Conveyancing.com.au, and you and your means each client named in our Engagement letter.  If there is more than one client, you agree that any instructions we receive will be considered as authorised instructions from all of you. If one of you accept the Costs Agreement, the acceptance will be for and on behalf of all of you.

If there is a conflict between our Engagement Letter and the Appointment Terms and Conditions, our Costs Agreement will be interpreted in the following order:

  • These Appointment Terms and Conditions, then
  • the Engagement Letter.

Our retainer commences when you receive a notification from our office advising that a matter has been created and you have been allocated a paralegal / lawyer.

2. Scope of Work
The scope of work that we undertake for you is set out in the Engagement Letter and is strictly limited to the work involved in a standard residential conveyance (Scope of Work).

Any work that falls outside our Scope of Work will be an additional cost billable to you. A list of additional costs is set out in the Schedule attached to the Engagement Letter.

If you would like us to undertake any additional work not included within the scope of our services, please make a request in writing to your paralegal/lawyer and we will advise you a soon as possible whether we will service your request. An additional fee estimate will be provided to you upon agreement of the scope of additional works.

If you would like to instruct us to exclude any steps that are generally considered usual and necessary in a standard residential conveyance, or to save costs by not taking a certain action, such as ordering costs, please make a request in writing to your paralegal/lawyer. In doing so, you acknowledge that you accept any and all risks associated with the exclusions and you waive your right to make any claim against us for any costs or loss you may suffer as a direct or indirect result of the exclusions.

2.1 Scope of work excluded
You acknowledge that we provide legal services to complete a conveyancing transaction. Our Scope of Work does not include advice work surrounding disputes, termination of an unconditional contract or dealing with any form of conflict between the parties involved in a transaction. We are a firm practicing residential conveyancing focusing on property law and do not provide advice or services in the following areas:

Witnessing and advising on finance documents (including loan/mortgage advice) • Financial and Taxation Advice • Eligibility for government grants • Succession and Matrimonial advice • Physical inspection of the property and surroundings • Consumer guarantees • Building Contracts or other related agreements • Leases, letting or residential tenancies • Caretaking and letting agreements • shortening or waiving of the cooling off period • Advice on financial agreements, court orders, deeds of family arrangements • your future use of the property • Town planning advice • Home warranty insurance • Foreign Investment Review Board requirements • Review of Trusts or Trust Deeds • Advice on the capability of a company or trust to complete a transaction • Advice on insurance contracts or the adequacy of existing insurance policies • Advice on properties which may be unfit for occupation or are extensively damaged • Advice on the management of a body corporate • Deceased estates and estate management • Terms contracts.

2.2 What we require from you
You agree that in order for us to provide you with legal services you will:

  • Provide clear, honest and complete instructions relevant to your matter and any material change in your circumstances that might impact on your matter while we continue to act for you
  • cooperate in the matter and do all that we reasonably request of you in a timely manner
  • accept and follow our reasonable legal advice, and
  • provide funds in advance in accordance with this Costs Agreement or as we may agree.

Often, we need to make assumptions in order to provide advice. It is your responsibility to carefully review any assumptions and let us know immediately if any assumptions are incorrect or inappropriate, or if you think we have misunderstood your instructions.

You have the right to ask us for written reports on:

  • The progress of your matter; and
  • the fees and costs to date or since your last bill.

3. Billing
Our invoices will be issued to, and payable by the client named in our Engagement Letter.  You agree to us signing and sending you documents relating to this Costs Agreement or your transaction (including invoices) electronically.

We have the right to bill you immediately for any costs incurred and paid for by us in the course of your matter or add the same costs to the next bill. If you have been offered a discount on our fees by our Client Services Team, it will be applied to your account at Settlement of the transaction (Settlement), unless otherwise agreed in writing.

You are entitled to negotiate the billing method, to receive a bill from us and to request an itemised bill. We may give you a lump sum or an itemised bill in the first instance. Our bills are due seven (7) days after the date of issue. All amounts payable whether outstanding, due or invoiced at time of Settlement will be collected as part of Settlement proceeds.

We may stop work until all invoices are paid. We may also charge you interest on any amount which remains unpaid for 30 days or more. The rate of interest will be 2% above the Cash Rate Target of the Reserve Bank of Australia. Our invoices are issued on the basis that we will receive the amount billed. If you are obliged to withhold tax for any reason in respect of the amount billed, or any bank or other charges are payable, you must pay us so that we receive the amount stated in our invoice.

We have a lien on all documents, funds and records in any form whatsoever in our possession until we receive payment in full of all our bills for all your matters. We are entitled to retain for our records, copies of all documents which we give you, whether owned by us or not, and to deal with them in accordance with the legislative requirements of confidentiality.

4. Cost Disclosures
The Legal Profession Uniform Law Act (the Act) applies to legal costs in relation to your matter.

You have rights under the Act to:

  • Negotiate a costs agreement with us
  • negotiate the billing method (for example, by reference to timing or task), and
  • to receive a bill from us and to request an itemised bill after receiving a bill that is not itemised or is only partially itemised.

If there is a dispute regarding our costs, you may (in addition to any other rights you may have):

  • Seek advice from the local regulatory authority (Victorian Legal Services Board and Commissioner)
  • apply for costs to be assessed within 12 months if you are unhappy with our costs, or
  • apply for the costs agreement to be set aside.

For more information about your rights, please read the fact sheet titled “Legal costs – your right to know” which you can obtain from us or the Legal Services Commissioner.

5. Payment
Our fees are payable in stages:

  • Our professional fee in performing Contract Reviews (if applicable) will be payable prior to you obtaining your review (there will also be a cancellation fee if you change your mind after you have asked us to conduct a Contract Review for you)
  • 50% of the Fixed Professional Fee (including GST) plus any Search Package Fees incurred are payable on issue of the Contract of Sale and Vendor Statement to you or your Real Estate Agent, and
  • the balance of our Fixed Professional Fee and any further Search Package Fees on the day Settlement occurs.

5.1 Payment upon termination
If your signed Contract is terminated by either party after signing, the following fees are due:

  • $110.00 (inclusive of GST) plus a fee associated with any searches ordered, and
  • an amount proportional to the amount of work performed as a part of this Agreement as assessed by our legal practitioner.

These fees are payable on receipt of our invoice and are independent of any other fees charged and payable under this Cost Agreement.

5.2 Credit cards
When you pay your first invoice, you are giving us permission to retain your credit card details. If you fail to pay any amount that we have invoiced you 100 days after its due date (as set out in your invoice), we will charge your card what is owed. We will only keep your credit card details for the duration of your matter and will destroy our record of your credit card details when your matter is completed.

If the credit card details you give us expire, are cancelled or for any other reason cannot be debited by our payments provider, you will give us alternate credit card details as security for our services. If you do not give us these details, we have the right to stop working on your conveyancing until you provide new and valid credit card details.

You can remove this authority to charge your credit card at any time by advising us in writing.

6. GST
All fees and expenses will be increased by any applicable goods and services tax (GST) or similar tax. If services treated as GST-free are later found to have been taxable, you must pay us the amount of GST as well as any associated penalties or interest.

7. Our Trust Account
You are not obliged to use our trust account for this conveyancing matter, however sometimes this may be necessary in order to settle your matter. If we instruct you to use our trust account, you will need to comply with the following requirements. If you do not comply with these requirements, you acknowledge that you will not be insured in the event of loss or fraud and you will indemnify Conveyancing.com.au Pty Ltd against any claim.

Requirements:

  • Please advise your paralegal or lawyer you intend to use our Statutory Trust Account
  • you will be provided with a link to a password protected webpage giving you clear Instructions for depositing money via email
  • you must call and speak to your paralegal and request the password and confirm the details of the transfers that you will make. This call will be file noted by your paralegal or lawyer
  • you must provide evidence of the transfer (copies of transfer receipts or deposit receipts) to your paralegal as soon as possible and in any event no later than two (2) business days after the transfer is made.

If we receive money into our trust account on your behalf, you authorise us to draw on that money to pay any amount due from you to us. Use of our Trust Account will incur a Trust Account Administration Fee and any associated bank cheque fees. You can find these in the Schedule of Fees at the back of the Engagement letter.

8. Banking
You may instruct us to bank cheques as a part of your conveyancing. Conveyancing.com.au Pty Ltd will bank them as soon as practical after receipt of funds at Settlement. You acknowledge and indemnify Conveyancing.com.au Pty Ltd against any claim for loss arising as a result of any delay in banking and the receipt and clearance of funds by your financial institution.

You agree that before you transfer or deposit funds to our firm you will contact our office verbally to confirm the details of our bank account you will be making the deposit into. If you fail to do this and the funds are, as a result, deposited to a fraudulent source, you indemnify Conveyancing.com.au Pty Ltd from any claim of loss arising as a result of this transfer or deposit.

We will always contact you to verify any bank account details that you provide our office with to make sure any funds are deposited to your nominated account. We will not release funds unless we have verified with you your account details.  If you are unavailable when we endeavour to contact you to verify these details, settlement may be delayed. In this instance then you indemnify Conveyancing.com.au Pty Ltd from any claim for loss arising as a result of this.

9. Cessation of work
We reserve the right to cease work for you at any time without liability and with immediate effect if you fail to pay any invoices issued and payable on request from us (regardless of the payment due date) or if you have indicated to us in a way that a reasonable person would become doubtful of your ability settle our invoices.

We reserve the right to require you to pay a reasonable amount into our Trust Account to secure payment of our fees and costs prior to resuming work for you.

10. Termination of this Agreement
This Agreement may be terminated by you by giving us written notice at any time. If you terminate the agreement, you will be obliged to pay all fees and charges up to the date of termination. We have the right to retain your file until all fees and costs are paid.

We may also stop work on, or terminate the agreement by providing you with written notice if:

  • You do not provide us with timely, accurate and proper instructions or information
  • we decide that by continuing to act for you, we would be required to act contrary to any legal, regulatory or professional conduct obligation
  • you fail to provide us with adequate identity documents to support your transaction
  • you breach these terms
  • any invoices are not paid by the due date or you do not pay a requested advance payment on account of future legal costs
  • you indicate to us that you have lost confidence in us
  • we believe on a reasonable basis that you may have lost your legal and/or mental capacity to look after your affairs and you fail to give us proper instructions to act on your behalf
  • we believe, acting reasonably, that there is fraud or attempted fraud occurring in relation to your transaction
  • work required by you falls outside our Scope of Work, including where you seek to terminate an unconditional Contract, or
  • you are taking action or foreshadow action to be taken, or require us to perform work, that leads to a perceived and/or actual conflict of interest between you and us for any other just cause.

If we cease to act for you we will take steps to remove our name from the court record in any court proceedings, you will receive a final account which will include all outstanding legal costs, you must pay our legal costs up to the date we cease to act, and we have the right to retain your file until all fees and costs are paid.

Clauses 10, 11, 12, 13, 14, 15, 16, 19, and 21 will survive termination of our engagement under this Agreement.

11. Liability
Irrespective of the party at fault, you agree that you will pay the first three (3) days of any default interest required to be paid as part of your conveyance transaction upfront whether accrued under the Terms of the Contract, as part of a settlement extension or on transfer duty. You may apply to our office to assess the costs incurred after Settlement.

You may be entitled to recover damages or compensation from us if you suffer loss as a result of our conduct up to and limited (to the extent permitted by law) to $2 million which is the limit of our professional indemnity insurance through the Legal Practitioners Liability Committee. However, if you are partly responsible for the loss, the amount of the damages or compensation can be reduced having regard to the extent of your responsibility.

We will do our best to action any requests that you make of us that is within the scope of our agreed service in a timely manner. Where possible we will action your requests within one (1) business day, however it cannot be considered as an unreasonable delay, however urgent the matter, if it is actioned within three (3) business days. Where you consider your matter to be urgent and cannot wait, we ask that you assist us in prioritising your matter by calling us and insist on this matter being escalated until your urgent query is resolved immediately.

It is important that you make yourself available for all key dates in relation to your conveyance transaction and advise us of your instructions by those dates. If you fail to make yourself available or to contact us to provide your instructions on the day, then you indemnify Conveyancing.com. au Pty Ltd from any claim or loss arising as a result of this.

12. Confidentiality
Our duty of confidentiality is fundamental to our practice. However, you agree that we may disclose your confidential information to the extent we consider it appropriate for the purpose of completing or processing the matter, as described in the Privacy Collection Statement or as required by law, including:

  • Third parties who provide services to us (who may be located overseas), including but not limited to Think Support Services Inc
  • our professional advisers and insurers
  • the State Revenue Office (SRO), the Electronic Lodgment Network Operators (ELNO),The Land Use Victoria, and
  • the parties described in the Privacy Collection Statement.

You consent to us recording and transferring materials relevant to your matter to our internal databases for learning and knowledge purposes while making reasonable efforts to ensure that confidential information is neither disclosed outside the law practice nor otherwise used inconsistently with the above obligations.

You agree that data received from you or relating to you (which may include confidential information) may be hosted on our behalf by third party technology providers (including cloud providers).

You acknowledge and consent that your information be accessed anywhere in the world by agents, contractors, employees and members of Conveyancing.com.au Pty Ltd and other subsidiary companies such as Think Support Services, Inc. All agents, contractors, employees and members of Conveyancing.com.au Pty Ltd and the related companies are bound by the same or equivalent privacy and confidentiality laws that govern the legal profession within Australia.

13. Privacy
You agree to the uses and disclosures of your information (including personal information) as described in the Privacy Collection Statement). Please contact us immediately if you do not consent, or would like to withdraw your consent to such uses or disclosures.

14. Intellectual Property
You agree that we own and will retain all intellectual property rights in all documents and other material we create in the course of your matter. You further agree that any material that you provide to us will not infringe the intellectual property rights of any third party.

15. Conflicts of Interest
You must provide us with all relevant information so we can conduct full and proper conflict checks.

In each matter in which we act for you, we act as your independent legal adviser solely in your best interests unless you agree that we can act for another party as well.

By entering into this agreement, you agree that we are permitted to act on the other side of a transaction from any person who we have previously acted for or are currently acting for, or both parties in a transaction provided we comply with all applicable professional rules, keep the information of each client confidential, are able to act in the best interests of each client and, where appropriate, use separate teams.

You agree that we are not obliged to disclose to you, or to take into account in advising you, information that is confidential to any other client or any other person, even if it would be to your advantage to have that information.

We reserve our rights to refuse to act for another party to a transaction or a conflict matter at any time.

16. Feedback
We aim to give you the best possible conveyancing service, but if you have any questions or concerns about your transaction you can:

  • Write to your paralegal setting out your questions or concerns and we will work to provide you with a response within two (2) to five (5) business days of your correspondence
  • if you are still not satisfied with our response, you can escalate your concerns to our Customer Resolution Manager by emailing feedback@conveyancing.com.au

If you have any complaints about our service, you agree that you will not post any comments on social media sites unless you have notified us by the above means, and we have not responded to you within two (2) business days. We reserve the right to ask you to remove any material that you post if you fail to comply with this term. If you fail to comply with our request and your complaints are proven to be false, we reserve the right to claim any losses suffered as a result of your actions.

17. Email
Electronic communications may not appear in the same format in which they are sent, are sometimes delayed or not delivered, can be copied and edited and may contain computer viruses. To the extent permitted by law, we are not liable for any loss or damage you suffer because of technical issues (including delay or non-delivery), access without our knowledge or interference caused by a third party, or for any other reason outside of our control.

18. Mail
We will not accept any responsibility if post or parcels sent from or to our office are lost and we are not liable for any loss or damage if post or parcels are lost in transit, to or from you.

19. Your records
You agree that Conveyancing.com.au will, upon closing your file, retain your documents (save for documents deposited in our safe custody) for no more than six (6) weeks. After that time, we will digitally image your papers and destroy the originals. The digital copies of your papers will be stored on our servers for a period of no longer than seven (7) years.

Once your matters are closed and archived, you may ask us to provide you with a copy of documents, correspondences or information from your archived matter. We may charge you a fee for this service.

20. Novation
If we transfer our firm to another legal practice, we may assign our rights and obligations in this agreement and transfer documents to the legal practice that acquires our firm on provision of written notice to you, which we may send by email to the email address provided to us in this Agreement. Unless you give us a written direction to the contrary in relation to the conduct of your file, the assignment of our rights and obligations and the transfer of documents, will become effective 14 days after delivery of notice by us.

21. Governing Law
You acknowledge and accept that we are a national law firm with service delivery offices in various jurisdictions and that these terms (together with our Agreement) are governed by federal and state laws. The laws of Victoria apply to this Agreement. The courts of that jurisdiction will have exclusive jurisdiction in relation to any claim, dispute or difference concerning these Appointment Terms or any matter arising from them.

Schedule of Costs

Our fixed professional fees are strictly limited to the work involved in a standard residential conveyance. We have set out below a schedule of costs for additional services that do not form part of a standard residential conveyance and that we are able to provide upon request. We have also set out in this Schedule our administration fees.

We reserve the right to quote for any work requested that is subject to your specific needs.

The additional services we may provide to you include:

Service Cost (inclusive of GST)
Land Contract Review – Off the Plan property From $350.00
Land Contract Review – existing residential property From $249.00
Cancellation fee for contract review $110.00
Fee for cancellation of service after file has been opened $32.00
Contract and vendor statement drafting $199.00
HIA Building contract review $300.00
Trust account administration fee $20.00
Trust account cheque fee $10.00 each
Stamping and registration of title after settlement (not applicable to PEXA transactions) $150.00
Banking / collection of cheques $30.00
Deed of Rescission / Variation drafting $300.00 each
Deed of Rescission / Variation review $300.00
Licence Agreement drafting $300.00
Licence Agreement review $150.00
General Power of Attorney drafting $150.00
Preparation and Lodgment of Caveat $165.00
Surcharge where settlement required in 21 days or less $75.00
Surcharge where settlement required in 14 days or less $120.00
Surcharge on conveyancing fees on a property of value greater than $2 million $250.00

We reserve our rights to amend the costs quoted in this letter at any time.

Western Australia

Appointment Terms and Conditions

WA Seller

You consent to your legal services being provided by Conveyancing.com.au Pty Ltd ABN 68 160 922 387 an incorporated legal practice.

1. Our Terms and Conditions
These Appointment of Terms and Condition form part of our costs agreement with you for your matter. They must be read with the Engagement Letter and the Schedule of Costs. These three documents make up the complete costs agreement (Costs Agreement) between us so please read them carefully.

We have also attached our Privacy Collection Statement  and this contains important information about how we use and disclose important information that we collect and disclose about you.

You can accept the Costs Agreement by signing the Engagement Letter and returning it to us, by telling us that you accept the terms of our Engagement Letter, or by instructing us after you have received the Engagement letter. You have the right to negotiate any part of this Costs Agreement with us.

In these Terms, we, us, our and CCA means Conveyancing.com.au, and you and your means each client named in our Engagement letter. If there is more than one client, you agree that any instructions we receive will be considered as authorised instructions from all of you. If one of you accept the Cost Agreement, the acceptance will be for and on behalf of all of you.

If there is a conflict between our Engagement Letter and the Appointment Terms and Conditions, our Costs Agreement will be interpreted in the following order:

• These Appointment Terms and Conditions, then
• the Engagement Letter.

Our retainer commences when you receive a notification from our office advising that a matter has been created and you have been allocated a paralegal / lawyer.

2. Scope of Work
The scope of work that we undertake for you is set out in the Engagement Letter and is strictly limited to the work involved in a standard residential conveyance (Scope of Work).

Any work that falls outside the scope of a standard residential conveyance will be an additional cost billable to you. A list of additional costs is set out in the Schedule attached to the Engagement Letter.

If you would like us to undertake any additional work not included within the scope of our services, please make a request in writing to your paralegal/lawyer and we will advise you as soon as possible whether we will service your request. The decision whether to service your request will be at our absolute discretion. An additional fee estimate will be provided to you upon agreement of the scope of the additional works.

If you would like to instruct us to exclude any steps or work that are generally considered usual and necessary in a standard residential conveyance, or to save on any costs by not taking a certain action, such as ordering searches ordinarily required to complete our due diligence on your behalf, please make a request to your lawyer/paralegal. In doing so, you acknowledge that you accept any and all risks associated with the exclusions and waive your right to make any claim against us for any costs or loss you may suffer as a direct or indirect result of the exclusions.

2.1 Scope of work excluded
You acknowledge that we provide legal services to complete a conveyancing transaction. Our Scope of Work does not include advice work surrounding disputes, termination of an unconditional contract or dealing with any form of conflict between the parties involved in a transaction. We are a firm practicing residential conveyancing focusing on property law and do not provide advice or services in the following areas:

• Witnessing and advising on finance documents (including loan/mortgage advice) • Financial and Taxation Advice • Eligibility for government grants • Succession and Matrimonial advice • Physical inspection of the property and surroundings • Consumer guarantees • Leases, letting or residential tenancies • Caretaking and letting agreements • Advice on financial agreements, court orders, deeds of family arrangements • your future use of the property • Town planning advice • Home warranty insurance • Foreign Investment Review Board requirements • Review of Trusts or Trust Deeds • Advice on the capability of a company or trust to complete a transaction • Advice on insurance contracts or the adequacy of existing insurance policies • Advice on properties which may be unfit for occupation or are extensively damaged • Advice on the management of a body corporate • Deceased estates and estate management • Terms contracts.

2.2 What we require from you
You agree that in order for us to provide you with legal services you will:
• Provide clear, honest and complete instructions relevant to your matter and any material change in your circumstances that might impact on your matter while we continue to act for you
• cooperate in the matter and do all that we reasonably request of you in a timely manner
• accept and follow our reasonable legal advice, and
• provide funds in advance in accordance with this Costs Agreement or as we may agree.

Often, we need to make assumptions in order to provide advice. It is your responsibility to carefully review any assumptions and let us know immediately if any assumptions are incorrect or inappropriate, or if you think we have misunderstood your instructions.

You have the right to ask us for written reports on:
• The progress of your matter and
• the fees and costs to date or since your last bill.

3. Billing
Our invoices will be issued to, and payable by the client named in our Engagement Letter.  You agree to us signing and sending you documents relating to this Costs Agreement or your transaction (including invoices) electronically.

We have the right to bill you immediately for any costs incurred and paid for by us in the course of your matter or add the same costs to the next bill. We confirm your agreement to finalise our account at the time of settlement of your property transaction (Settlement). If you have been offered a discount on our fees by our Client Services Team, it will be applied to your account at Settlement, unless otherwise agreed in writing.

You are entitled to negotiate the billing method, to receive a bill from us and to request an itemised bill. We may give you a lump sum or an itemised bill in the first instance. Our bills are due seven (7) days after the date of issue. All amounts payable whether outstanding, due or invoiced at time of Settlement will be collected as part of Settlement proceeds.

We may stop work until all invoices are paid. We may also charge you interest on any amount which remains unpaid for 30 days or more. The rate of interest will be 2% above the Cash Rate Target of the Reserve Bank of Australia. Our invoices are issued on the basis that we will receive the amount billed. If you are obliged to withhold tax for any reason in respect of the amount billed, or any bank or other charges are payable, you must gross up the payment so that we receive the amount stated in our invoice.

We have a lien on all documents, funds and records in any form whatsoever in our possession until we receive payment in full of all our invoices for all your matters. We are entitled to retain for our records, copies of all documents which we give you, whether owned by us or not, and to deal with them in accordance with the legislative requirements of confidentiality.

4. Cost Disclosures
The Legal Profession Act 2008 (the Act) applies to legal costs in relation to your matter.

You have rights under the Act to:
• Negotiate a costs agreement with us
• receive a bill from us
• request an itemised bill after receiving a lump sum bill
• request written reports about the progress of your matter and the costs incurred in your matter (at no cost to you)
• apply for costs to be assessed within 12 months if you are unhappy with our costs
• apply for the costs agreement to be set aside
• accept or reject any offer we make for an interstate costs law to apply to your matter and
• notify us that you require an interstate costs law to apply to your matter.

If there is a dispute regarding our costs, you may (in addition to any other rights you may have) seek advice from the local regulatory authority (Law Society of Western Australia).

For more information about your rights, please read the fact sheet titled Legal Costs – your right to know. You can ask us for a copy, or obtain it from the Legal Practice Board (or download it from the website of the Legal Practice Board or the Law Society of Western Australia).

5. Payment
Our fees are payable in stages:
• our professional fee in performing Contract reviews (if applicable) will be payable prior to you obtaining your review – you may also incur a cancellation charge if you change your mind after you have instructed us;
• $150 (inclusive of GST) of the fixed professional legal fees is payable on completion of our Conveyancing Starter Pack, if you provide us with a fully signed contract for conveyance together with any searches incurred; and
• The balance of the fixed professional legal fee is payable on the day of settlement of the property.

5.1 Payment upon termination
If your signed Contract is terminated by either party after signing, the following fees are due:
• $110.00 (inclusive of GST) plus a fee associated with any searches ordered; and
• an amount proportional to the amount of work performed as a part of this Agreement as assessed by our legal practitioner, and payable on receipt of our invoice and are independent of any other fees charged and payable under this Cost Agreement.

5.2 Credit cards
When you pay your first invoice, you are giving us permission to retain your credit card details. If you fail to pay any amount that we have invoiced you 100 days after its due date (as set out in your invoice), we will charge your card what is owed. We will only keep your credit card details for the duration of your matter and will destroy our record of your credit card details when your matter is completed.

If the credit card details you give us expire, are cancelled or for any other reason cannot be debited by our payments provider, you will give us alternate credit card details as security for our services. If you do not give us these details, we have the right to stop working on your conveyancing until you provide new and valid credit card details.

You can remove this authority to charge your credit card at any time by advising us in writing.

6. GST
All fees and expenses will be increased by any applicable goods and services tax (GST)
or similar tax. If services treated as GST-free are later found to have been taxable, you must pay us the amount of GST as well as any associated penalties or interest.

7. Our Trust Account
You are not obliged to use our trust account for this conveyance matter, however sometimes this may be necessary in order to settle your matter. If we instruct you to use our trust account, you will need to comply with the following requirements. If you do not comply with these requirements, you acknowledge that you will not be insured in the event of loss or fraud and you will indemnify Conveyancing.com.au Pty Ltd against any claim.

Requirements:
• Please advise your paralegal or lawyer you intend to use our statutory trust account
• you will be provided with a link to a password protected webpage giving you clear instructions for depositing money via email
• you must call and speak to your paralegal and request the password and confirm the details of the transfers that you will make. This call will be file noted by your paralegal or lawyer, and
• you must provide evidence of the transfer (copies of transfer receipts or deposit receipts) to your paralegal as soon as possible and in any event no later than two (2) business days after the transfer is made.

If we receive money into our trust account on your behalf, you authorise us to draw on that money to pay any amount due from you to us. Use of our trust account will incur a trust account administration fee and any associated bank cheque fees. You can find these in the Schedule of Fees at the back of the Engagement letter.

8. Banking
You may instruct us to bank cheques as a part of your conveyance. Conveyancing.com.au Pty Ltd will bank them as soon as practical after receipt of funds at Settlement. You acknowledge and indemnify Conveyancing.com.au Pty Ltd against any claim for loss arising as a result of any delay in banking and the receipt and clearance of funds by your financial institution.

You agree that before you transfer or deposit funds to our firm you will contact our office verbally to confirm the details of our bank account you will be making the deposit to. If you fail to do this and the funds are, as a result, deposited to a fraudulent source, you indemnify Conveyancing.com.au Pty Ltd from any claim of loss arising as a result of this transfer or deposit.

We will always contact you to verify any bank account details that you provide our office with to make sure any funds are deposited to your nominated account. We will not release funds unless we have verified with you your account details. If you are unavailable when we endeavour to contact you to verify these details, settlement may be delayed. In this instance you indemnify Conveyancing.com.au Pty Ltd from any claim for loss arising as a result of this.

9. Cessation of work
We reserve the right to cease work for you at any time without liability and with immediate effect if you fail to pay any invoices issued and payable on request from us (regardless of the payment due date) or if you have indicated to us in a way that a reasonable person would become doubtful of your ability settle our invoices.

We reserve the right to require you to pay a reasonable amount into our Trust Account to secure payment of our fees and costs prior to resuming work for you.

10. Termination of this Agreement
This Agreement may be terminated by you by giving us written notice at any time. If you terminate the agreement, you will be obliged to pay all fees and charges up to the date of termination. We have the right to retain your file until all fees and costs are paid.

We may also stop work on, or terminate the agreement by providing you with written notice if:
• You do not provide us with timely, accurate and proper instructions or information
• we decide that by continuing to act for you, we would be required to act contrary to any legal, regulatory or professional conduct obligation
• you fail to provide us with adequate identity documents to support your transaction; you breach these terms
• any invoices are not paid by the due date or you do not pay a requested advance payment on account of future legal costs
• you indicate to us that you have lost confidence in us
• we believe on a reasonable basis that you may have lost your legal and/or mental capacity to look after your affairs and you fail to give us proper instructions to act on your behalf
• we believe, acting reasonably, that there is fraud or attempted fraud occurring in relation to your transaction
• work required by you falls outside our Scope of Work, including where you seek to terminate an unconditional Contract, or
• you are taking action or foreshadow action to be taken, or require us to perform work, that leads to a perceived and/or actual conflict of interest between you and us for any other just cause.

If we cease to act for you we will take steps to remove our name from the court record in any court proceedings, you will receive a final account which will include all outstanding legal costs, you must pay our legal costs up to the date we cease to act, and we have the right to retain your file until all fees and costs are paid.

Clauses 10, 11, 12, 13, 14, 15, 16, 19, and 21 will survive termination of our engagement under this Agreement.

11. Liability
Irrespective of the party at fault, you agree that you will pay the first three (3) days of any default interest required to be paid as part of your conveyance transaction upfront whether accrued under the Terms of the Contract, as part of a settlement extension or on transfer duty. You may apply to our office to assess the costs incurred after Settlement.

You may be entitled to recover damages or compensation from us if you suffer loss as a result of our conduct up to and limited (to the extent permitted by law) to $2 million which is the limit of our professional indemnity insurance through the Legal Practitioners Liability Committee. However, if you are partly responsible for the loss, the amount of the damages or compensation can be reduced having regard to the extent of your responsibility.

We will do our best to action any requests that you make of us that is within the scope of our agreed service in a timely manner. Where possible we will action your requests within one (1) business day, however it cannot be considered as an unreasonable delay, however urgent the matter, if it is actioned within three (3) business days. Where you consider your matter to be urgent and cannot wait, we ask that you assist us in prioritising your matter by calling us and insist on this matter being escalated until your urgent query is resolved immediately.

It is important that you make yourself available for all key dates in relation to your conveyance transaction and advise us of your instructions by those dates. If you fail to make yourself available or to contact us to provide your instructions on the day, then you indemnify Conveyancing.com.au Pty Ltd from any claim or loss arising as a result of this.

12. Confidentiality
Our duty of confidentiality is fundamental to our practice. However, you agree that we may disclose your confidential information to the extent we consider it appropriate for the purpose of completing or processing the matter, as described in the Privacy Collection Statement or as required by law, including:

• Third parties who provide services to us (who may be located overseas), including but not limited to Think Support Services Inc
• our professional advisers and insurers
• the State Revenue Office, the Electronic Lodgment Network Operators (ELNO), Land Registry Services (LRS), and
• the parties described in the Privacy Collection Statement.

You consent to us recording and transferring materials relevant to your matter to our internal databases for learning and knowledge purposes while making reasonable efforts to ensure that confidential information is neither disclosed outside the law practice nor otherwise used inconsistently with the above obligations.

You agree that data received from you or relating to you (which may include confidential information) may be hosted on our behalf by third party technology providers (including cloud providers).

You acknowledge and consent that your information be accessed anywhere in the world by agents, contractors, employees and members of Conveyancing.com.au Pty Ltd and other subsidiary companies such as Think Support Services, Inc. All agents, contractors, employees and members of Conveyancing.com.au Pty Ltd and the related companies are bound by the same or equivalent privacy and confidentiality laws that govern the legal profession within Australia.

13. Privacy
You agree to the uses and disclosures of your information (including personal information) as described in the Privacy Collection Statement). Please contact us immediately if you do not consent, or would like to withdraw your consent to such uses or disclosures.

14. Intellectual Property
You agree that we own and will retain all intellectual property rights in all documents and other material we create in the course of your matter. You further agree that any material that you provide to us will not infringe the intellectual property rights of any third party.

15. Conflicts of Interest
You must provide us with all relevant information so we can conduct full and proper conflict checks.

In each matter in which we act for you, we act as your independent legal adviser solely in your best interests unless you agree that we can act for another party as well.

By entering into this agreement, you agree that we are permitted to act on the other side of a transaction from any person who we have previously acted for or are currently acting for, or both parties in a transaction provided we comply with all applicable professional rules, keep the information of each client confidential, are able to act in the best interests of each client and, where appropriate, use separate teams.

You agree that we are not obliged to disclose to you, or to take into account in advising you, information that is confidential to any other client or any other person, even if it would be to your advantage to have that information.

We reserve our rights to refuse to act for another party to a transaction or a conflict matter at any time.

16. Feedback
We aim to give you the best possible conveyancing service, but if you have any questions or concerns about your transaction you can:
• write to your paralegal setting out your questions or concerns and we will work to provide you with a response within two (2) business days of your correspondence
• if you are still not satisfied with our response, you can escalate your concerns to our Customer Resolution Manager by emailing feedback@conveyancing.com.au .

If you have any complaints about our service, you agree that you will not post any comments on social media sites unless you have notified us by the above means, and we have not responded to you within two (2) business days. We reserve the right to ask you to remove any material that you post if you fail to comply with this term. If you fail to comply with our request and your complaints are proven to be false, we reserve the right to claim any losses suffered as a result of your actions.

17. Email
Electronic communications may not appear in the same format in which they are sent, are sometimes delayed or not delivered, can be copied and edited and may contain computer viruses. To the extent permitted by law, we are not liable for any loss or damage you suffer because of technical issues (including delay or non-delivery), access without our knowledge or interference caused by a third party, or for any other reason outside of our control.

18. Post
We will not accept any responsibility if post or parcels sent from or to our office are lost and we are not liable for any loss or damage if post or parcels are lost in transit, to or from you.

19. Your records
You agree that Conveyancing.com.au will, upon closing your file, retain any papers to which you are entitled to and leave them in our possession (save for documents deposited in our safe custody) for no more than six (6) weeks. After that time we will digitally image your papers and destroy the originals. The digital copies of your papers will be stored on our servers for a period of no longer than seven (7) years.

Once your matters are closed and archived, you may request us to provide you with a copy of documents, correspondences or information from your archived matter. We may charge you a fee for this service which we have set out in the Schedule attached to the Engagement Letter.

20. Novation
If we transfer our firm to another legal practice, we may assign our rights and obligations in this agreement and transfer documents to the legal practice that acquires our firm on provision of written notice to you, which we may send by email to the email address provided to us in this Agreement. Unless you are otherwise notified, the assignment of our rights and obligations and the transfer of documents, will become effective 14 days after delivery of notice by us.

21. Governing Law
You acknowledge and accept that we are a national law firm with service delivery offices in various jurisdictions and that these terms (together with our Agreement) are governed by federal and state laws. The laws of Western Australia apply to this Agreement. The courts of that jurisdiction will have exclusive jurisdiction in relation to any claim dispute or difference concerning these Appointment Terms, the Costs Agreement or any matter arising from them.

Schedule of Costs

Our fixed professional fees are strictly limited to the work involved in a standard residential conveyance. We have set out below a schedule of costs for additional services that do not form part of a standard residential conveyance and that we are able to provide upon request. We have also set out in this Schedule our administration fees.

We reserve the right to quote for any work requested that is subject to your specific needs.

The additional services we may provide to you include:

Service Cost (inclusive of GST)
Land Contract Review – Off the Plan property From $449.00
Cancellation fee for contract review $110.00
Property Contract drafting $299.00
Survivorship Application $300.00
Transmission Application $300.00
Application to replace lost title $350.00
Trust account cheque fee $10.00 each
Stamping and registration of title after settlement $150.00
Banking / collection of cheques $30.00
Deed of Variation drafting / review $300.00
Licence Agreement drafting $300.00
Licence Agreement review $150.00
General Power of Attorney drafting $150.00
Preparation of purchaser’s Caveat $165.00
Settlement in 21 days or less $75.00
Settlement in 14 days or less $120.00
Conveyancing fees on a property of value greater than $2 million $250.00

We reserve our rights to amend the costs quoted in this letter at any time.