Terms of Appointment
I hereby authorise Matt Behan Legal Services (MBLS), to act on my behalf in respect of the transaction I requested which does not include advice on whether the transaction is best value or most suitable for me and I confirm the following in relation to the terms of this Agreement.
1. I acknowledge that I’ve had the opportunity to seek independent legal advice in relation to this Agreement prior to entering into same. I further acknowledge that I’ve had the opportunity to negotiate the terms of this Costs Agreement and have agreed to the professional fees in this matter which will be as follows excluding GST:
(a) Solicitor Hourly Rate - $550 / Paralegal Hourly Rate - $220
(b) Paralegal Hourly Rate - $220
(c) Estate Planning
· Basic Will - $800pp / Testamentary Trust Will - $1,600pp / Complex Will - $1,600pp and above upon brief
· Enduring Power of Attorney - $450pp
· Medical Treatment Decision Maker - $450pp
(d) Conveyancing (Includes all the usual work undertaken in connection with the conveyance of property)
· Residential Property - $1,350 / Off-The-Plan Property - $1,850 / Commercial Property - $2,150 Company Share Property - $4,200
· Settlement Preparation & Management - $450
· Disbursements - $200-$800 approximately depending on the type of property and the Certificates required from 3rd party providers
(e) Administration Costs per matter
· VOI/AML Obligations - $200pp to provide an individual risk assessment for each party to a transaction as required by Anti-Money Laundering and Counter-Terrorism Financing Amendment Act 2024
· Sundries - $150 an amortised contribution to miscellaneous expenses and overheads critical to the infrastructure of the business and all matters
(f) Additional Legal Costs (If requested or required)
· Nomination of Real Estate Transferee - $300 / Section 27 Statement - $300 / Caveat Lodgement on Title - $250
· Caveat Withdrawal from Title - $250 / Use of Trust Account - $360 / Licence Agreement Drafting or Review - $450
· Lost Title Recovery - $1,200 / Adhering to Court Orders - $450 / Dealing with multiple parties - $250 per party
· Contract Default Notice - $1,200
(g) In addition to the costs referred to in 1(a), (b), (c), (d), (e) and (f) herein, I acknowledge that I will incur disbursements (monies paid out on my behalf by MBLS) (“Disbursements”), which may not be known until required due to the nature of the matter and these costs will be passed on for reimbursement
(i) I confirm my agreement to the following Payment Terms:
i. I acknowledge my obligation to pay any invoice in relation to services provided by MBLS within 7 days of the date of same and I further acknowledge that material may not be released or distributed from MBLS until payment of such an invoice is received
ii. where the Disbursements incur GST I understand that this cost will be passed onto me
iii. if I sell a property the settlement invoice will be paid either prior to settlement or at the time of settlement by deduction from the sale proceeds
iv. if I purchase a property the settlement invoice will be paid prior to settlement or at the time of settlement or settlement will not proceed.
2. I acknowledge that there are variables within the legal process that may affect the above calculations of costs and the major variables that may affect these costs are as follows:
(a) Cooperation of the other party or the other party’s representative in relation to the legal process
(b) Variations in the scope of work necessary to complete the legal process
(c) If I provide incomplete or inaccurate instructions in relation to matters to be conducted on my behalf
(d) Legislative or industry practice changes that results in additional work required to matters for compliance reasons
(e) Any dispute that may arise with the other party in relation to the legal process.
3. I agree to meet the costs of any additional work undertaken (being work which is not briefed, requested or quoted on the initial Appointment Form and any work that is beyond what is required in a usual transaction in the nature of work briefed) which may be charged on a time cost basis at the rate of $550 + GST per hour or part thereof including but not limited to additional work required to adhere to extra requirements such as dealing with multiple parties to the matter, re-scheduling deadlines, or disbursing funds to multiple third parties.
4. If any additional legal work in relation to my matter is required by a recommended thrid party, I agree to meet their costs, which will be quoted and charged separately to this Agreement.
5. I acknowledge that in order for MBLS to avoid increasing fees and penalising those clients who pay promptly, that if I do not pay the required fees within the required timeframes, I will be liable for interest being charged on all amounts that are outstanding for more than 7 days. I acknowledge this interest will be calculated on any balance outstanding for 7 days from the date of a MBLS invoice being rendered. I further acknowledge that the interest payable will be calculated as being 2% above the Cash Rate Target fixed by the Reserve Bank of Australia plus a default fee of $250 + GST.
7. I acknowledge that MBLS may terminate this Agreement if I fail to pay its Invoices, do not provide MBLS with adequate instructions, or if I indicate to MBLS that I have lost confidence in it or its employees. I acknowledge that MBLS will give me at least 3 days notice of its intention to terminate this Agreement. I further acknowledge that notwithstanding any such termination I will be required to pay MBLS’ charge for any work completed and expenses incurred up to the date of completion.
8. I confirm and agree that the law of Victoria applies to this Agreement and any dispute arising from same.
