Welcome to the Wiseman Lawyers website (the Website), which is owned and operated by Quistclose Pty Ltd A.C.N. 115 465 337 trading as Wiseman Lawyers (we, us, our, or Wiseman Lawyers)

Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document (collectively known as Terms of Use). Your use of, and/or access to, the Website constitutes your agreement to the Terms of Use.

We reserve the right to amend the Terms of Use at any time. Although we may notify you of any amendment, revision or modification, it is your responsibility to periodically review the Terms of Use. You agree to be bound by such changes, modifications or revisions as made by us from time to time.

 

Our services

We cannot be responsible for any delays or interruptions to the Website. We will use commercially reasonable efforts to minimise delays and interruptions. However, we cannot warrant that the Website will be available at all times or at any given time.

We may at any time and without notice to you, discontinue the Website in whole or in part. However, we cannot be responsible for any loss, cost, damage or liability that may result from our discontinuance of the Website.

 

Prohibited conduct

In relation to the Website, you must not:

• use the Website for any activities or post or transmit via the Website, any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes;
• use the Website to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Website or the Internet;
• use the Website to send unsolicited email messages;
• in any way tamper with, hinder or modify the Website;
• knowingly transmit any viruses or other disabling features to the Website or via the Website; or 

 

attempt any of the above acts or facilitate or assist another person to do any of the above acts.

 

General information only 

We intend for the information on our Website to only serve as a general overview on matters of interest. The information on our Website is not intended to be comprehensive, nor does it constitute advice in any way. We attempt to ensure that the content is current and accurate but we do not guarantee its currency and accuracy. You should carry out your own research and/or seek your own advice before acting or relying on any of the information on our Website.

 

Third party links 

The Website may contain hyperlinks and other pointers to websites operated by third parties (Linked Websites). We do not control Linked Websites and are therefore not responsible for the content of any Linked Website or any hyperlink contained in a Linked Website. We provide the hyperlinks for your convenience only and do not indicate, expressly or implicitly, any endorsement, sponsorship or approval by us of a Linked Website or the products or services offered at Linked Websites. You visit Linked Websites entirely at your own risk.

We do not provide any warranty or take any responsibility for any aspect of Linked Websites or their content. You should make your own investigations with respect to the suitability of goods and/or services offered to you via a Linked Website.

 

Indemnity 

By using the Website, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the Website by you.

Disclaimer 

Some legislation such as the Australian Consumer and Competition Act 2010 (Cth) and other similar consumer protection laws and regulations in other countries may confer you with rights and remedies relating to the provision of goods or services to you by us via the Website which cannot be excluded, restricted or modified (your “Statutory Rights”). We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.

Except for your Statutory Rights and with respect to the Website: 

• all material on the Website is provided to you without warranties of any kind, either express or implied;
• we expressly disclaim all warranties of any kind including but not limited to warranties of acceptable quality and fitness for a particular purpose; 
• we do not warrant that the functions contained in any material on the Website or your access to the Website will be uninterrupted or error free, that any defects will be corrected or that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components; and
• we do not warrant or make any representation regarding your access to, or the results of your access to, the Website including its correctness, accuracy, timeliness, completeness, reliability or otherwise.

 

To the extent permitted by law, including but not limited to any act or omission on your part, we will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the Website. 

You expressly acknowledge that we do not exert control over users of the Internet and we are not liable for damage suffered by you, either directly or indirectly, as a result of your access to the Website.

 

Limitation of Liability

To the extent permitted by law, our liability for breach of any implied warranty or condition, which cannot be excluded by the Terms of Use, is limited, at our option, to one or more of the following:

• In the case of services supplied or offered by us:
• the supply of the services again; or
• the payment of the cost of having the services supplied again.

 

In the case of goods supplied or offered by us:

• the replacement of the goods or the supply of equivalent goods;
• the repair of such goods;
• the payment of the costs of replacing the goods or acquiring equivalent goods; or
• the payment of the costs of having the goods repaired.

 

Privacy

By agreeing to and accepting the Terms of Use, you also agree to the terms of the Wiseman Lawyers Privacy Policy.

 

Termination

The Terms of Use are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by the Terms of Use and limitations of liability set out in the Terms of Use will survive.

 

Miscellaneous 

We rely upon your continued observance of the Terms of Use. If we suffer loss or damage or incur any costs associated with any breach by you of the Terms of Use or any associated legal obligation, you agree to indemnify us for those losses, damages and costs.

We do not make any claims that the information is appropriate or may be downloaded in all areas, countries or jurisdictions. Access to the information contained in the Website may not be legal by certain persons or in certain countries. If you access the Website, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.

If any provision of the Terms of Use is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the document, which will continue in full force and effect.

All rights not expressly granted in the Terms of Use are reserved.

If we do not act in relation to a breach of the Terms of Use by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms of Use by you.

 

Applicable Law

The Terms of Use are governed by and construed in accordance with the laws of the State of Queensland, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of Queensland and Courts of Appeal from them for determining any dispute concerning the Terms of Use.

Contacting us

If you have any questions relating to the Terms of Use, please contact us by emailing info@wisemanlawyers.com.au. 

Terms of Use last updated on 10 April 2013.

 

Balance of Fixed Fee

We cannot guarantee our availability on your court date and we will not be able to commence work on your matter until the balance of our fixed fee has been deposited into our Trust Account in full. Further, no solicitor/client relationship will exist until the balance of our fixed fee has been deposited into our Trust Account in full. That said, it is possible to obtain 1 or more adjournments of up to 1 month at a time to allow you sufficent time to get your financial affairs in order.

 

Initial $400 Plus GST Part Payment 

The initial $400 plus GST part payment covers our fixed fee for the preparation of our initial email advice to you, along with the drafting and review of any correspondence to and from yourself and third parties (if any), the review of any documents and information provided to us by yourself or any other thrid parties (if any), and all other initial steps taken by us in the initial preparation of your matter, short of actually commencing actual legal work on your matter. Accordingly, the part payment is exactly that, a non-refundable part payment. The part payment is not a deposit. Should you cancel your instructions at any time prior to our commencement of actual legal work on your matter, the $400 plus GST part payment will be retained by Wiseman Lawyers, to cover the above mentioned costs.

Before providing legal services and entry into any costs agreement, this firm is required to provide you with disclosure of information under the Legal Profession Act 2007 (Qld). Such information is provided below and by proceeding with a part payment:

(a) you acknowledge you have received the disclosure notice; and
(b) that you acknowledge that you have read the disclosure notice.

 

Acceptance of Offer

This document is an offer to enter into a costs agreement with you. If you accept this offer you will be regarded as having entered into a costs agreement. This means you will be bound by the terms and conditions set out in this document, including being billed in accordance with it. Acceptance may be by way of making a part payment. This firm will provide you with the legal services performed with professional skill and diligence that are set out in this document and will keep you informed of the progress of the matter. You must:

(a) provide this firm with timely, accurate and proper instructions, including all documents and other records relevant to the provided services;
(b) provide this firm with your full and proper contact details, as well as any changes to those details as they may occur from time to time;
(c) respond to all and any communications made to you by this firm in a timely manner and with a sense of urgency;
(d) act reasonably and take reasonable care to protect your own interests in respect to the matters the subject of this document;
(e) satisfy yourself as to the commercial viability of transactions (if any); and
(f) where relevant, investigate the bona fides of the other parties to the transaction, checking all financial matters and assessing the commercial soundness of the transactions.

The work this firm is instructed to do is the provision of legal services as requested from time to time, to represent your interests throughout the duration of this client agreement in any dispute, investigation of a cause of action, court action, alternative dispute process, mediation, tribunal hearing and/or prosecution, including all interlocutory steps, associated alternative dispute resolution processes, hearing or trial, post-trial steps, appeal and execution. Failure to accept this firm’s offer within seven days of the date of the Disclosure Notice accompanying this document may result in the immediate withdrawal of this firm’s offer to act. The law of Queensland will apply to the proposed costs agreement. For the purpose of this agreement you will be deemed to have received our bill if it is emailed to you. In the event that you wish to protest any part of any bill, you agree to raise such protest within not more than fourteen (14) calendar days of the date of delivery of the subject bill upon you. Failing compliance by you with this agreed requirement, you agree that you will meet the whole balance due. You also agree that no protest will be effective unless such protest clearly identifies the work in respect of which a protest is made and gives full written particulars of each ground of protest. You further agree that the protest to any part of a bill does not stay or postpone liability to meet the whole of the unprotested balance of such bill and, to the purpose of giving effect to that agreement and stipulation, you also agree that no protest shall be effective unless it is accompanied by tender of payment of the unprotested balance of the subject bill. In the event that any bill remains outstanding for a period of seven (7) days or more, this firm will issue you with a reminder notice. In the event that any bill remains outstanding for a period of fourteen (14) days or more, this firm will issue you with a letter of demand. In the event that any bill remains outstanding for a period of twenty eight (28) days or more, this firm will commence proceedings against you in the appropriate Court or Tribunal. You may contact Mr Andrew Wiseman regarding your legal costs.

 

Termination of agreement

You may terminate this agreement at any time. Should this agreement be terminated at any time, you remain liable for the legal costs up until that time. If you do not pay monies in accordance with the costs agreement, this firm may suspend work and may cease acting for you. This firm will not continue to do the work and may terminate the agreement:

(a) if you fail to pay our bills or deposit monies to our trust account as required from time to time;
(b) if you fail to provide us with adequate instructions within a reasonable time; if you give instructions that are deliberately false or intentionally misleading;
(c) if you fail to accept an offer of settlement which we think is reasonable;
(d) if you fail to accept advice we (or counsel) give you;
(e) if you fail to provide us with your full and proper contact details, or with any changes to those details immediately as they occur;
(f) if you fail to respond to any communications made by this firm in a timely manner and with a sense of urgency;
(g) if you engage another law practice to advise you on this matter without our consent;
(h) if we, on reasonable grounds, believe that we may have a conflict of interest;
(i) if you ask us to act unethically; or for other just cause.

If the agreement is terminated either by you or this firm, you will be required to pay this firm’s professional fees, fees for other items and expenses and disbursements up to the date of termination. This firm will give you notice of our intention to terminate our agreement, and of the grounds on which the notice is based. On termination, this firm is entitled to retain possession of your documents and trust money while there is money owing to us for our professional fees, fees for other items and expenses and disbursements, unless and until security is provided for our costs.

 

Retention of your documents

We will, on completion of the Work, retain any papers to which you are entitled, but leave in our possession (except documents deposited in safe custody) for no more than seven (7) years and on the undertaking that we have your authority to destroy the file seven years after the date of the final bill rendered by us in this matter. 

 

Privacy protection

Personal information about you, provided by you and other sources, is protected under the Privacy Amendment (Private Sector) Act 2000. Disclosure of such information may be compelled by law (eg. under the Social Security Act). You also authorise us to disclose such information where necessary to others in furtherance of your claim/matter (eg. within the law practice, to the Court, the other party or parties to litigation, to valuers, experts, barristers, etc). 

 

Payment/money on account 

Bills will be sent to you containing information of professional fees, other charges, disbursements and expenses and GST at monthly rests and upon completion of the work.

 

Firm to proceed based on previously given instructions

It is acknowledged and agreed by you that this firm, upon receipt of your acceptance of this offer by any by making a part payment, will proceed to act on instructions previously given by you, without seeking confirmation or further clarification of those instructions, unless those instructions are promptly withdrawn or amended by you in writing, at your own instigation. There is no positive obligation placed upon this firm to clarify or confirm any instructions given by you to date. 

 

Legal fees - your right

You have the right 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;
• Request written reports about the progress of your matter and the costs incurred in your matter;
• Apply for costs to be assessed within 12 months if you are unhappy with our costs (see para 1.4 below);
• Apply for the costs agreement to be set aside (see para 1.4 below);
• Accept or reject any offer we make for an interstate cost law to apply to your matter (see para 1.3 below);
• Notify us that you require an interstate costs law to apply to your matter (see para 1.3 below); and
• Be notified of any substantial change in the matters disclosed in the Notice.

 

This Disclosure Notice provides you with information about our legal services, the cost of those services and your rights. For more information about your rights, please read the facts sheet titled ‘Legal Costs - your right to know’. You can ask us for a copy, or obtain it from the Queensland Law Society or download it from their website at www.qls.com.au. The law of Queensland will apply to the proposed costs agreement. You have the right to enter into a costs agreement with us on the basis that a corresponding law of another state or territory is applicable such as where the legal services are or will be completely or primarily provided in, or where the matter has a substantial connection with that other state or territory. Further you have the right in certain circumstances to notify us in writing in accordance with the time limits of the corresponding law that you require the law of another jurisdiction to apply. The following avenues are open to you under the terms if the Legal Profession Act 2007 (Qld) in the event of a dispute in relation to legal costs:

• To apply for a costs assessment within 12 months of delivery of a bill or request for payment or such extended time as may be permitted by the court or costs assessor after considering the reason for the delay (except sophisticated clients as defined in the LPAQ).
• To apply to set aside the costs agreement within six years or other times as the law permits.

 

Incorporated status of this firm 

This firm is an incorporated practice and we advise that:

• The services to be provided are legal services only.
• All legal services to be provided under this agreement will be provided by an Australian Legal Practitioner.
• The provision of legal services is regulated by the Legal Profession Act 2007 (Qld) however the provision of non-legal services under the proposed Costs Agreement is not regulated by that legislation.
• The information in this paragraph is provided to you in relation to all matters that you may instruct us on an ongoing basis.

 

How this firm charges

There are several bases by which legal practices charge for professional services rendered including itemised scale fees, statutory scales, task based fees, fixed fees and conditional fee arrangements which may include an uplift fee. These different methods of charging may result in different fees payable. This firm’s professional fees charged will be a fixed fee, as quoted. Scales of fees fixed by legislation that are applicable to the amounts to be charged pursuant to this Costs Agreement are: Magistrates Court Scale of Costs

 

Estimate of your costs 

The following estimate is based on the information available to this firm to date. It is an estimate, not a quotation and subject to change. It is not possible at this time to provide an accurate estimate of the total costs. Below is this firm’s estimate of the range of total costs (excluding GST) provided for different stages. There may be a number of stages in your matter, which will vary according to its complexity, but may broadly be divided into: All preparation and one (1) court appearance.

 

Billing, interest charges and contact person

Bills will be sent to you containing information of professional fees, other charges, disbursements and expenses and GST at monthly rests and upon completion of the work. If bills remain unpaid for 30 days of becoming due for payment, interest may be charged on the unpaid amount at a benchmark rate being the rate prescribed by regulations under the Legal Profession Act 2007 (Qld) which is the rate that is equal to the Cash Rate Target, as defined by the regulations to the LPA, plus two percentage points as at the date of the bill. In the event that you do not pay this firm’s account the proposed costs agreement entitles the exercise of a solicitor’s lien. The lien allows us to retain all of your documents and funds in trust until the account is paid. You may contact Mr Andrew Wiseman regarding your legal costs. 

 

Substantial changes to disclosure 

You will be informed, as soon as is reasonably practicable, of any substantial changes to anything contained in this disclosure document.

 

Ending arrangements 

You may end our engagement by written notice however you remain liable for the legal costs up until that time. If you do not pay monies in accordance with the costs agreement, this firm may suspend work and may cease acting for you. 

 

Costs in court proceedings

If court proceedings are taken on your behalf:

• the court may order that you pay another party’s costs (for example, if you lose the case)
• the court may order the other party to pay your costs of the proceedings and, as a general rule, this will not be the whole of the legal costs you are liable to pay us
• in the event the court orders you to pay costs, the court ordered costs are payable by you to the other party in addition to the costs liable to be paid pursuant to the proposed costs agreement.

 

If you are successful in the litigation the following is the range of costs (inclusive of GST amounts) that may be recovered from the other party. It is not possible at this time to provide an accurate estimate and the sums given below are merely estimates: 40%-60% of the legal costs payable by you to the firm. If you are unsuccessful in the litigation the following is the range of costs (inclusive of any GST amounts) that may be recovered against you by the other party. It is not possible at this time to provide an accurate estimate and the sums given below are merely estimates: 40%-60% of the legal costs payable by you to the firm. If settlement of your claim is being resolved by alternate dispute resolution, prior to any agreement resolving the matter this firm will provide you with a reasonable estimate of our costs payable by you on settlement, a reasonable estimate of the costs you would obtain from the other party on settlement if the settlement is favorable to you or a reasonable estimate of the costs you may have to pay the other party.

Quistclose Pty Ltd ACN 115 465 337 t/as Wiseman Lawyers

Level 2, 180 Queen St, Brisbane Qld 4000

GPO Box 70 Brisbane Qld 4001