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Billing Information

NOTICE PURSUANT TO LEGAL PROFESSION UNIFORM LAW (VICTORIA) (“UNIFORM LAW”)

Interest

We are entitled to charge interest and we will charge interest on amounts unpaid from 30 days after the date of this account at the rate equal to 2 % above the Cash Rate Target as set by the Reserve Bank of Australia as at the date of this account.

 

Lump sum bills and requests for itemised bills

We may give you accounts in the form of a lump sum bill or an itemised bill of costs. If we give you a lump sum bill, then you can request us to give you an itemised bill of costs.

If you first gave us instructions in a matter before 1 July 2015, then the request for an itemised bill must be made within 30 days after the date the lump sum bill was given to you.

If you first gave us instructions in a matter on or after 1 July 2015, then the request for an itemised bill must be made within 30 days after the date on which the legal costs become payable.

If you request an itemised bill of costs then we will not be bound by the amount and matters stated in the lump sum bill of costs. The total amount of the legal costs specified in an itemised bill may be higher than the amount specified in the lump sum bill for the same matter and we may recover the additional costs from you.

 

Notice of withdrawal of funds held in trust for the payment of legal costs

If, at the time of this account or in the future, we are holding funds in our trust account on your behalf, we will withdraw necessary funds from trust to pay in full or in part the outstanding legal costs and GST sought in this account. Please consider this notice a written notice of our proposed withdrawal from trust.

 

Avenues in the event of a dispute in relation to legal costs

If you are not happy with this bill, we invite you to discuss your concerns with us. Peter Carew is designated as responsible principal for this bill.

There are other avenues open to you in the event of a dispute in relation to legal costs. You may:

 

1. Make a complaint to the Victorian Legal Services Commissioner, if:

(a) the total bill for legal costs is less than $100,000 (GST exclusive) payable in respect of any one matter; or

(b) the total bill for legal costs equals or is more than $100,000 (GST exclusive) payable in respect of any one matter, but the total amount in dispute is less than $10,000 (GST exclusive).

Complaints to the Victorian Legal Services Commissioner in relation to legal costs must be made:

(c) within 60 days after the legal costs become payable; or

(d) if an itemised bill was requested after been given a lump sum bill and that request was made within 30 days after the date on which the legal costs become payable, then you must make a complaint to the Victorian Legal Services Commissioner within 30 days after the request was complied with.

The Victorian Legal Services Commissioner may still deal with a complaint in relation to legal costs if:

(e) the complaint is made within 4 months after the required period referred to in paragraphs 1(c) and (d) herein; and

(f) it is just and fair to deal with the complaint having regard to the delay and reasons for the delay; and

(g) we have not commenced legal proceedings in respect of the legal costs.

OR

2. Seek to have a bill of costs assessed by the Costs Court. The Costs Court is part of the Supreme Court of Victoria.

Applications to the Costs Court must be made within 12 months after the bill was given to you. An interim bill may be assessed by the Costs Court either at the time of the interim bill or at the time of the final bill. An application that is made out of time may be dealt with if after having regard to the delay and the reasons for the delay, it is just and fair for the application for assessment to be dealt with after the 12-month period

OR

3. If you first gave us instructions in a matter before 1 July 2015, then you may make an application to the Victorian Civil and Administrative Tribunal (VCAT) to set aside our costs agreement under section 3.4.32 of the Legal Profession Act 2004 (Vic).