1 st Floor 123 Collins Street Hobart Tasmania 7000 0411805676 mailbox@phillipgray.com.au www.phillipgray.com.au Phillip Gray LL.B (Hons) Barrister ABN 23 456 821 185 Scan QR Code above with mobile for vcard 1 June 2015 TO: **** **** **** Retainer: **** 1. The purpose of this document is to: (a) provide you with information as required under the Legal Profession Act 2007 (Tas) ( the Act ), in particular information as to how I propose to charge you for my services. (b) inform you of your rights in relation to legal services provided by me. (c) enter into a binding contract with you to perform legal services as a barrister. 2. This Retainer before acceptance is an offer by Phillip Gray to enter an agreement with you to perform legal services as a barrister ( My Offer ). Unless and until you accept My Offer, you retain the right to negotiate a costs agreement with me on terms other than those set out in this Retainer. 3. Read and consider this Retainer carefully. If you have any questions about it, please contact me for further information. You will not be charged for any such reasonable queries. 4. You may communicate your acceptance of it to me by providing me with instructions after your receipt of this Retainer. 5. The Supreme Court Scale of Costs ( the Scale ) applies to proceedings in the Magistrates Court and the Supreme Court. However, the Scale will have no application to any work I perform for you, all of which will be charged for as specified below. I may vary those rates, in relation to future work, by notice in writing to you. 6. I will be entitled to charge for all time spent on your matter, including but not limited to consultation with you, meeting with you or other persons on your behalf, telephone calls, perusing correspondence and other documents relevant to your matter, providing advice, travelling to and from places relevant to progressing your matter, and attending court or tribunals or conferences on your behalf. 7. I will charge you at cost for any expense I reasonably incur on your behalf, including but not limited to travel expenses, long distance telephone calls, photocopying and
2 printing costs, and any search fees involved in advising you on your documents, affairs or matters. 8. Charge rates are for six minute units or part thereof, so that, for example, the time charged for an attendance of up to six minutes will be one unit, and the time charged for an attendance between six and twelve minutes will be two units. I will charge you at the rate of $ (GST inclusive) per 6 minute unit which equates to a rate of $ (GST inclusive) per hour. 9. Generally it is not possible for me to provide a binding quotation on the total cost of your matter. Instead, I provide a range of estimates based on your instructions: (a) (b) (c) To investigate, research, provide advice in relation to your matter, issue(s) or affairs, I estimate between $ and $ (GST inclusive). To prepare for and appear on your behalf in any conciliation or mediation $ and $ (GST inclusive). To prepare for and appear on your behalf at trial or hearing $ and $ (GST inclusive). 10. The major variables that will affect the calculation of your costs are: (a) (b) (c) (d) (e) (f) (g) (h) The complexity of the matter, or the difficulty or novelty of the issues involved; The skill, labour, specialised knowledge, and responsibility involved on the part of a barrister; The number and importance of the documents prepared or perused, irrespective of length; The location of any relevant proceedings; The amount of any money or value of the land or other property or compensation involved; The importance of the matter to you; The urgency of the matter; and Any other consideration that is proper to take into account. 11. Under the Act, I have an ongoing obligation to notify you in writing of any substantial change to the matters disclosed in this Retainer. I will provide you with written notification of any such changes as soon as reasonably practicable after I become aware of it. 12. Under the Legal Profession Act, the legal work I may do for you as a barrister is limited to: (a) appearing as an advocate; (b) preparing to appear as an advocate; (c) negotiating on behalf of you the client; (d) representing you in a mediation; (e) advising on documents relating to the your affairs; (f) providing legal advice or opinions;
3 (g) any other work that is incidental to anything specified above that is not excluded below. 13. In the course of performing the above work I must not: (a) institute proceedings in any court on your behalf; or (b) serve any process of any court; or (c) make any demand on your behalf, except when negotiating on your behalf or representing you in a mediation; or (d) conduct correspondence in my name or deal on behalf of you with a person unless (i) the correspondence is to seek information from a potential witness; or (ii) the dealing is to conduct a conference with a potential witness; or (iii) the dealing is for the purpose of work under paragraph 12(a) to (g) above. 14. Due to the above restrictions it may become necessary and in your best interest to engage an instructing solicitor of your choice. At this stage you are at no disadvantage or prejudiced in providing me instructions directly as I am capable of performing the work required without an instructing solicitor. In accordance with the Act, I must inform you that I have over 14 years of experience in appearing in the State and Commonwealth tribunals and courts of Tasmania. 15. I am required under the Act to provide you with a written report of the progress in your matter upon your reasonable request. I may charge you for the costs of preparing a progress report. 16. You are entitled to receive a bill of costs from me. I may send you interim accounts. 17. At any time you require you have the right to receive a bill of costs from me. 18. I am required under the Act to provide you with a written report of the costs incurred by you, or since your last bill, upon your reasonable request. You will not be charged for such a report. 19. You have the right to request an itemised bill. I must provide you with an itemised bill within 21 days of your request. 20. If you have a concern about my bill, I encourage you to contact me in the first instance. 21. I am required under the Act to inform you of your right to seek a costs assessment from a costs assessor. If you wish to have your bill assessed by a costs assessor, you must make an application within 60 days of receiving my bill of costs (or within 60 days of paying the costs, if no bill was given to you). After this time, an application for a costs assessment may only be granted by the Supreme Court of Tasmania in certain circumstances. 22. I am also required under the Act to inform you that you may be entitled to have my costs agreement set aside in certain circumstances. 23. Each account is payable within 14 days of your receipt of my bill of costs/tax invoice, unless otherwise specified.
4 24. Interest is payable on all overdue accounts. The interest rate for overdue accounts is: (a) 10.4%; or (b) The sum of 2 % plus the maximum percentage specified at the date of my account by the Reserve bank of Australia as the Cash Rate Target; whichever is the lower. 25. You are entitled under Chapter 4 of the Act to file a complaint with the Legal Profession Board of Tasmania ( Board ) regarding the conduct of a legal practitioner. 26. A complaint about a legal practitioner must be made within three years of the conduct complained of. After this time, a complaint may only be dealt with by the Board in certain circumstances. 27. I will cease to act for you if you: (a) fail to provide me with adequate instructions; (b) provide me with false or misleading instructions; (c) indicate to me that I have lost your confidence; (d) unreasonably refuse to act in accordance with my advice; (e) require me to do something that is unlawful or unethical; (f) lose legal capacity; (g) fail to disclose any fact relevant to your case; (h) fail to engage an instructing solicitor when reasonably necessary; (i) fail to pay any of my tax invoices within 14 days of issue; and or (j) fail to pay out of pocket expenses as and when reasonably required. 28. I will only begin work on your case when you provide me with further instructions. 29. By accepting the terms of this retainer, other than original documents being solely owned by you, you agree to the scanning and destruction of documents relating to your matter held on file within 7 years and the destruction of such documents including electronic after 7 years. 30. The law applicable to legal costs incurred in your matter is the law in force in the State of Tasmania and the forum is to be the Courts of Hobart in the State of Tasmania. 31. Finally, make yourself familiar with the information published by the Law Society of Tasmania attached to this Retainer. Yours faithfully PHILLIP J GRAY LL.B (Hons) Barrister-at-law
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