If you have any questions, get in touch below with our team.
The email sent in connection with our engagement contains our standard terms and conditions together with: 1) the current responsible partner; 2) our rates and charges; 3) the nature of work we are engaged to provide; and 4) the estimates of costs which will apply to the initial matter(s) on which we are engaged. That retainer email governs our engagement, but our standard terms and conditions are set out here for ease of reference:
Where ‘Estimates’ are stated as ‘TBD’, it means we do not have sufficient information or are not sufficiently familiar with the potential complexities of the specific matter to provide any
meaningful estimates on such work at this stage. Generally, we will be in a position to provide further estimates once initial phases of work have been completed, but we note that negotiations and disputes can have dramatically varying complexities and costs, so in certain circumstances we may only ever be able to provide very broad estimates – we can continue to discuss these as the relevant matter progresses.
Please note these are only ESTIMATES and the final fee (for the initial work and/or any further work) may vary, depending on factors such as (among other things): 1) the number of questions we are asked; 2) the level of experience and knowledge of the person we are advising; 3) any changes to the information provided to us (including new information); 4) the nature of any issues that arise in relation to the work; and 5) how much negotiation may be required (including whether the relevant parties are willing to compromise on any requests).
Beyond the initial work outlined above, we will also be available to provide ongoing legal advice, legal services and immigration assistance as may be requested from time-to-time.
For any further work, including any further work related to the initial work set out above, further fees will arise. For context, further work could include (without limitation) any of the following:
Phone calls or video conferences
Drafting agreements
Verbal advice over the phone
Advising on entertainment visa requirements and issues
Answering email queries
Drafting amendments to agreements (whether originally drafted by us or by another person)
Written email advice (including recap on terms of agreements)
Assisting with entertainment visa applications
Emails to the other party or their representatives
Advising on terms of agreements
Formal advice to be drafted on our letterhead
Representation in connection with entertainment visa complexities
Reviewing correspondence from third parties or other advisers
Engaging in direct contract negotiations
Working with other representatives (such as accountants) to formulate a position
Assisting with sponsorship matters
An update on the status of any matter may be requested at any time. This will be deemed further work and our normal rates will apply in connection with such requests.
We generally prepare and send invoices for our charges and expenses (on 7-day payment terms) at regular intervals (currently monthly), even if we continue to perform services in relation to a particular matter. Alternatively, we may choose to invoice after completion of any particular matter.
Our invoices include a description of work completed. Any questions or requests for further details relating to charges or expenses set out in invoices may be requested within 30 days of the date of the original invoice.
Please note that our fees are payable regardless of the outcome of the matter.
We deliver invoices by email, in PDF format (via a third party service, currently Xero). If an alternative billing method is preferred, please let us know.
All fees and expenses referred to in this retainer agreement are exclusive of Goods and Services Tax (unless otherwise specified). When applicable, GST will be added to invoices and will be payable in accordance with our payment terms.
A written progress report on legal costs incurred since the previously issued invoice may be requested at any time. No charge will apply for this service.
If any costs specified in any invoice are not agreed, a right to make a complaint to the Office of the NSW Legal Services Commissioner, or apply to the Supreme Court to have the invoice assessed for fairness, may arise. Time limitations may apply for a complaint or cost assessment, further information may be obtained from the NSW Law Society.
This agreement may be terminated at any time by notifying us in writing. If it is not terminated, then the terms will automatically apply to any further work completed.
We may terminate this agreement on reasonable notice in the event of a failure to pay our invoices, a failure to provide us with adequate instructions or a refusal to accept our advice, or if we are otherwise unable to continue to act on any particular matter. Our charges for work completed and expenses incurred up to the date of termination will remain payable.
We will retain documents and records relating to work completed pursuant to this agreement for 7 years. After that time, our authority to destroy such documents and records is deemed given, unless instructed otherwise in writing.
If we are asked to commence the work set out above, or are provided with any further instructions, or we receive a reply to this email acknowledging agreement to the terms or any other form of valid acceptance is provided, the terms and conditions of this agreement will be binding and we will be performing work pursuant to this agreement until otherwise agreed in writing.