What work is included in a Will or personal Documents service?

ü Taking instructions regarding the structure of your will / personal documents.

ü Providing standard information regarding the creation of a will / personal documents.

ü Arranging for the will instructions to be signed after taking instructions.

ü Drafting the will / personal documents in accordance with your instructions.

ü Checking the will / personal documents have been signed and witnessed correctly.

ü Storing the documents in the lawlab strong room (if requested).

Any work that falls outside the scope of a standard item of legal service is excluded unless otherwise agreed in writing for an additional cost as set out in the additional service items.

Without limiting the foregoing, the following work is excluded:

• Any matters that are specifically stated as being excluded from our scope of work in our correspondence;
• Advice in relation to any financial, family, health or tax laws that may impact the your will or personal documents;
• Acting as your executor and trustee / attorney for your will / persona documents;
• Advice on actual or potential challenges to the will / personal documents.

1.1 Disclosure prior to legal services:Before, or as soon as practicable after, providing legal services and entry into any costs agreement, we may be required to provide you with disclosure of information under the Legal Profession Legislation. 1.2 A disclosure notice is provided to you with this document and by accepting the offer: (a) you acknowledge you have received the disclosure notice; and (b) that you acknowledge that you have read the disclosure notice. 1.3 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 the document, including being billed in accordance with it. Acceptance of this offer is made by accepting this Costs Agreement or by continuing to instruct us following this Costs Agreement being made available to you.

2. The work: Pursuant to the information and instructions provided by you, we will perform the Scope of Legal Services described in Schedule B. We will not perform any work that is specifically noted as excluded in our correspondence to you. In conjunction with our initial letters and advice to you, these are your instructions as understood by us. You should immediately contact us if we have misunderstood your instructions.

3. Persons who will perform the work: At the start of your matter we will advise you of the legal advisor who has been allocated to your matter and who will be responsible for the performance of the work and who will be assisted by a settlement advisor and support persons (under the supervision of a legal practitioner). From time to time it may be necessary to utilise the skills of other members of our practice and you will be notified of this. You should contact the named staff member with any queries regarding the work but if you have any concerns about the performance of the work you should contact the Service Delivery Manager by telephoning 1800 529 522.

4. Fees: Our professional fees for the work undertaken in accordance with Clause 2, is the amount set out in Schedule B to this Agreement. This amount does not include (a) any costs which are incurred by us in accordance with Clause 5; and (b) any additional work which may become payable but is not known at the time of providing you with our fee estimate. We will contact you to provide an updated fee estimate prior to performing any additional work.

5. Expenses: Our professional fees for the work undertaken in accordance with Clause 2, is the amount set out in Schedule B to this Agreement. This amount does not include (a) any costs which are incurred by us in accordance with Clause 5; and (b) any additional work which may become payable but is not known at the time of providing you with our fee estimate. We will contact you to provide an updated fee estimate prior to performing any additional work.

6. Estimate of fees and expenses: (a) We estimate that to complete the work detailed in Clause 2, the professional fees will be the professional fees specified in Clause 4 plus any Additional Legal Service fees set out in Schedule B which may become payable and the expenses referred to in Clause 5. This estimate excludes government revenue charges. We are not bound by this estimate. (b) We may require you to pay a part payment towards the professional fees at the start of the matter. We may require further advance payments to be made as the matter proceeds.

7. Additional Legal Service items: In the event additional work is required that is not within the Scope of Legal Services or not anticipated from your initial instructions we will charge the relevant Additional Legal Service fees in Annexure B. Where Additional Legal Service fees are required to be performed but are not described in Annexure B will contact you to provide an estimate of the additional fees prior to performing those services. You acknowledge that the charges for such items is in addition to the professional fees and costs and may not be recoverable from another party to the action or transaction.

8. Invoices: (a) We may issue invoices at the time of commencement of the works described in Clause 2, at regular intervals during your matter and at the end of your matter. (b) Accounts for terminated files are payable at the time of termination. (c) Invoices relating to additional legal services are payable when they fall due. (d) We may issue invoices to you by email or on Rundl.

9. Payment methods: It is our policy that when acting for new clients, that we may do one or more of the following: (a) approve credit; (b) ask you to pay monies into our trust account; and (c) ask you for your credit card details. Unless otherwise agreed with you, we may determine not to incur fees or expenses in excess of the amount that we hold in trust on your behalf or for which credit is approved.

10. Trust Accounts: (a) You authorise and direct any money we receive from you or on your behalf to be banked in a general trust account operated by us in New South Wales. You acknowledge that the NSW trust account is subject to the supervision of the Law Society of New South Wales and is maintained in accordance with the Legal Profession Act 2004 (NSW) effective at the time of the deposit. You acknowledge that if any claim for defalcation is made it will be made in and under the rules of New South Wales. This includes funds sent from any other state, territory or country, including (without limitation) the Northern Territory. (b) You authorise us to receive directly into our trust account any settlement amount, or money received from any source in furtherance of your work, and to pay our professional fees, and expenses in accordance with the Legal Profession Legislation.

11. Client documents: Your (express or implied) agreement to the terms of this Costs Agreement constitutes your authority and consent to us destroying your documents on completion of your work. We may retain electronic copies of your documents. The authority and consent does not relate to any documents which are deposited in safe custody which will, subject to agreement, be retained on your behalf indefinitely. We are entitled to retain your documents while there is money owing to us for our costs. On completion of your work or following termination (by either party) of our services you will be liable for the cost of retrieving documents in storage and also any photocopying charges we incur and our professional fees in connection with the provision of your file to you or as directed by you.

12. Sending material by email: We are able to send and receive electronic mail. However, as such mail is not secure it may be copied, recorded, read or interfered with by third parties while in transit. If you ask us to transmit any document electronically, you release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document after transmission, for any delay or non-delivery of any document and for any damage caused to your system or any files by a transfer.

13. Amendment of this agreement: Any amendments to this Costs Agreement must be made in writing.

14. Change of solicitor or firm: (a) You may change solicitor or firm at any time. (b) You must give us notice of the change to a new solicitor or firm. (c) We may charge you for fees and costs incurred up to the time when the notice is given to us. (d) We may retain your file until all fees and costs are paid.

15. Termination of this agreement: (a) You may terminate this Costs Agreement and withdraw your instructions at any time and for any reason. (b) We may terminate this Costs Agreement and cease to act for you for lawful cause or if you: (i) breach the Costs Agreement; (ii) require us to act unlawfully or unethically or there is a conflict of interest; (iii) fail to give us adequate instructions; (iv) indicate to us (or we form the opinion) that you have lost confidence in us; (v) do not within 7 days comply with any request to pay an amount in respect of expenses or future costs; (vi) fail to pay any of our tax invoices when they fall due; (vii) lose legal capacity. (c) We may elect to terminate this Costs Agreement where we determine (in our absolute and unfettered discretion) that it is no longer appropriate to act for you. (d) We will give you reasonable notice of our intention to terminate this Costs Agreement within the limits of the particular circumstances. (e) If this Costs Agreement is terminated by us or by you, we are entitled to all outstanding fees and costs up to the termination and will be entitled to retain possession of your file until payment of those fees and costs is received by us.

16. Duties: (a) Our duties: (i) We will carry out the work required with professional skill and diligence. (ii) We will, as far as is reasonable, keep you informed of the progress of the matter. (b) Your duties: (i) You will make reasonable efforts to be available to give us instructions in relation to the work to be carried out. (ii) When you anticipate being absent from your residence or business during a time when instructions will need to be given to us, you will make arrangements to enable contact between us. (iii) If you fail to comply with the above duties then for property or business transaction matters we are authorised to (but not required to and may elect not to) request a 24 hour extension for the following conditions: deposits; balance of deposit; finance; buyer’s inspections; special conditions; settlement; or such further extensions as required. (iv) If for any reason extensions referred to in this clause are not granted and we have been unable to contact you because you have not complied with your duties in this clause, we will not be responsible for any consequence that results therefrom.

17. Qualified advice: From time to time the advice given by us to you will be based on assumptions and/or qualifications and those assumptions and/or qualifications will be set out in the advice. We will not be liable for any part of our advice that is conditional upon any of those assumptions in circumstances where further evidence renders such assumptions and circumstances to be incorrect.

18. Independent advice: You have been informed that you should seek independent advice in relation to this Costs Agreement.

19. Acknowledgment: (a) You have read, understood and agree to be bound by the terms of this Costs Agreement. (b) Prior to entering into this Costs Agreement you have read and understood the information contained in this Costs Agreement. (c) You have received and will retain your own copies of this Costs Agreement. (d) You acknowledge that the laws of the State of New South Wales apply to the legal costs of this matter.

20. Representations Made Outside of this Costs Agreement: (a) We have not intended to make any representation in relation to the scope or fitness for any particular purpose of the services provided that is not within this Costs Agreement. (b) Both parties hereby expressly agree that any representation made by us to you or by you to us outside of this Costs Agreement in relation to the Scope of Legal Services provided is hereby withdrawn. (c) Both parties also hereby expressly agree that any representation made by us to you or by you to us outside of this Costs Agreement in relation to the fitness of any goods or services provided for any particular purpose is hereby withdrawn.

21. Severance If any part of this Costs Agreement is found by a court of competent jurisdiction to be invalid, void, voidable unfair or otherwise unenforceable against any party to this Costs Agreement, then that part shall be deemed to be removed from and not form part of this Costs Agreement, and will have no effect on the validity or enforceability of the remaining provisions of this Costs Agreement.

1.1 DISCLOSURE NOTICE: 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 within 30 days 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); Make a complaint to the legal services commissioner; Accept or reject any offer we make for an interstate costs 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 this Notice. 1.2 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 law society or legal services commissioner in your state. 1.3 The law of New South Wales 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. 1.4 The following avenues are open to you under the terms of the Legal Profession Legislation 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 Legal Profession Legislation); to apply to set aside the costs agreement within six years or other times as the law permits.

2. Incorporated status of this firm: Lawlab is an incorporated practice (Lawlab Pty Ltd ABN 63 109 721 833) and we advise that: the services to be provided are as set out in the proposed costs agreement; all legal services to be provided under this agreement will be provided or supervised by an Australian Legal Practitioner; the provision of legal services is regulated by the Legal Profession Legislation however the provision of non-legal services under the proposed costs agreement is not regulated by that legislation; the information in this item is provided to you in relation to this matter only.

3. How we charge: 3.1 There are a 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. Our professional fees will be charged as a fixed fee for certain tasks within the Scope of Legal Work as set out in Schedule B. The costs agreement also provides for additional fees to be charged for additional legal services. If this agreement is terminated either by you or on a permitted ground by us, you will be required to pay a fee (no greater than the fee estimate set out in Clause 4 of the costs agreement) for early termination of this agreement which will cover the professional fees and outlays up to the point of the termination. For property and business transactions you will be required to pay for our professional fees and costs at settlement or earlier if you have requested additional legal services. We may also bill at other intervals for transactions that take place over a long period of time. 3.2 Expenses and disbursements are sums of money which we pay (or we become liable to pay) to others on your behalf. These will include but are not limited to the following expenses: search fees, courier fees, expenses for travel on your behalf in accordance with our standard policies, which will be provided to you on your request and include economy class for air travel within Australia and business class or equivalent for overseas air travel. We will inform you of these expenses and disbursements as well as any other payments required to be made, as soon as is reasonably practicable. 3.3 All rates, charges, expenses, etc in this document are GST exclusive unless otherwise stated to be inclusive of GST. You will pay us an additional amount on account of any GST which we are liable to pay as a result of any supply we make to you.

4. Estimate of your costs: The estimate is based on the current information available to us. Our fee is set out in our costs agreement and is subject to change if additional legal services are required or if the costs of outlays has increased unexpectedly.

5. Billing, interest charges and contact person: 5.1 Bills will be sent to you containing information regarding professional fees, other charges, disbursements, expenses and GST. You may receive an invoice at the start of the matter or during the course of the matter and a final invoice at the end. For property and business transactions we obtain your agreement to finalise our account at the time of settlement of your transaction. 5.2 If bills remain unpaid for 30 days after 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 Legislation which is the rate that is equal to the Cash Rate Target, as defined by the regulations to the Legal Profession Legislation, plus two percentage points as at the date of the bill. 5.3 In the event that you do not pay our account the proposed costs agreement entitles the exercise of a solicitor’s lien. Without affecting any lien to which we are otherwise entitled at law over funds, papers and other property of yours in our possession: (a) we shall be entitled to retain by way of lien any funds, property or papers of yours, which are from time to time in our possession or control, until all costs, expenses, interest and other moneys due to us have been paid; (b) our lien will continue notwithstanding that we cease to act for you. 5.4 You may contact your legal advisor regarding your legal costs.

6. 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.

7. Engagement of another law practice: (e.g. barrister): In the event that we engage on your behalf another law practice to provide specialist advice (e.g. a barrister) or service you will be advised.

8. 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, we may suspend work and may cease acting for you.

9. Affiliates: Our affiliates may include software companies, data providers, real estate agents, banks, brokers, aggregators, financial planners, our employees, and others associated with a property sale (Affiliates). Affiliates may provide data, be involved in a property transaction or introduce clients to us for the provision of conveyancing services. We may pay referral fees or other fees to Affiliates for services they provide to us. If you have any questions about our Affiliates policies please contact us. You have a right to access this information.

Our professional fees for carrying out any Additional Legal Services that are outside the Scope of Legal Services will be calculated on a time basis at the following hourly rates:

These rates will be proportionally charged for any periods less than an hour. We charge in 6 minute units and we round up to the nearest multiple of 6 minutes for a given task. We may change our hourly rates and will notify you before changing them during the period that we perform services for you.