Under section 3.4.9 of the Legal Profession Act (Vic) 2004 we must disclose to you the following information relating to legal costs. You may negotiate a Costs Agreement with us on the basis of the information outlined in this Disclosure Statement.
1. How We Will Charge You – Section 3.4.9 (1)(a)
Hourly Rate
Our legal costs are determined by an hourly charge rate. Our lawyers record their time and each lawyer has an hourly charge rate which reflects that lawyer’s skills and experience. The current hourly rates of the people likely to be involved on your file:
| Position | Hourly Rate Excluding G.S.T. |
Hourly Rate Including G.S.T. |
| Senior Solicitor | $ 500.00 | $ 550.00 |
| Junior Solicitor | $ 409.10 | $ 450.00 |
| Clerical and Administrative Services | $ 240.91 | $ 265.00 |
Please note that you will be charged according to the hourly rate including GST (Goods and Services Tax). These rates are reviewed from time to time and may change. We will tell you of any changes as soon as practicable after a change occurs.
Conditional Costs Agreement (NO Win, NO Fee for Personal Injury Claims)
You will be liable to pay to us legal costs ONLY if there is a successful outcome of this matter. There is a successful outcome of this matter if you receive an amount of money after payment of all liabilities (including tax) that you incur in the matter to us and to any other person including any opposing party.
If there is a successful outcome you must pay us legal costs inclusive of GST (Goods and Services Tax) pursuant to time charging or a fixed sum.
Disbursements
We will charge you at cost for any expense we incur on your behalf. These expenses may include filing fees, Barrister’s fees, photocopying fees, and company search fees; or
We may request that you pay an amount in advance to cover expenses or on account of our fees.
We will also charge you for the following office services charges:
| Item | Charge (including GST) |
| Company searches depending on type of search: – Current Search – Current and Historical |
$ 12.00 $ 24.00 |
| Photocopying per page depending on job size | $ 2.00 per page |
| Facsimiles | $ 2.00 per page: Local $ 3.00 per page: Interstate $ 5.00 per page: Overseas |
| Scanning | $ 2.00 per page |
2. Your Rights – Section 3.4.9 (1)(b)
You have the right to negotiate a Costs Agreement with us.
Receive either a lump sum or itemised bill of costs. An itemised bill must be requested within thirty (30) days after receipt of a lump sum bill. An itemised account describes in more detail how our fee is made up.
Be notified of any substantial change to matters disclosed under Section 3.4.9 of the Legal Profession Act (Vic) 2004.
Seek independent legal advice before agreeing to the legal costs we propose to charge.
3. Our Estimated Legal Costs – Section 3.4.9 (1)(c) and (d)
We are committed to providing you with an estimated range of legal costs before we embark on your matter. The major variables that will affect the calculation of legal costs are:
a) The duration of the matter;
b) The complexity and amount of medical, factual evidence and expert information required;
c) The length of the Hearing, if this matter does proceed to that stage;
d) The number of witnesses required at the Hearing;
e) Any unforeseen issues that arise in this matter.
4. Our Accounts – Section 3.4.9 (1)(e)
An account in respect to legal services provided will be rendered at the conclusion of the matter. Our account is payable when you receive it. The account will be a tax invoice and describes the work done.
5. Uplift Fee
The Legal Profession Act (Vic) 2004 allows our office to charge an additional uplift fee of up to
25% to the total legal costs relating to this matter. The uplift fee is not based on a percentage of
Damages awarded but is calculated on the legal costs incurred in this matter. An uplift fee is charged due to the following reasons:
a) The risk of conducting this matter on a no win, no fee basis;
b) The nature and circumstances of this matter;
c) The complex, specialised knowledge and skill required to carry out this matter;
d) The cost of carrying and maintaining proceedings without payment for the duration of the matter.
6. Recovery Of Costs From Another Party – Sections 3.4.9 (1)(g) & 3.4.9 (2)
The Court may decide who will pay the successful party’s costs. If your matter is successful, the Court may order the Defendant to pay some of your costs. These costs are known as party and party costs and are calculated using the Court scale of costs applicable to your case.
Please note that if the Court does order costs in your favour, this only gives you a right to recover some costs from the parties against whom the order is made. It does not affect your responsibility to pay our legal costs and disbursements.
The costs you recover may not necessarily cover the whole of the costs that you must pay us. If you cannot recover the costs from the parties against whom the order is made (for example, if a party goes into liquidation or is bankrupted) then you will still be responsible for our legal costs.
7. Your Liability For The Costs Of Another Party – Section 3.4.9 (1)(g)
If your case is unsuccessful the Court may order you to pay the legal costs of the Defendant.
8. Trust Money
If we receive money on your behalf we will deposit the money into our trust account. Should we receive money into our trust account on your behalf you may authorise us to withdraw from that money any sums owing for our legal costs and disbursements. We will give you written notice prior to withdrawing money from our trust account.
You have the right to revoke your authority by giving seven (7) days notice in writing, but our office may still withdraw money held on your behalf for legal costs accrued up to the expiry of the notice period for costs accrued when ever billed.
If we receive money to be paid to a third party we will forward that money to the third party unless you instruct us to do otherwise.
9. Progress Reports – Sections 3.4.9(1)(h) and 3.4.18
You may request a written progress report at any time. We will give you a progress report at suitable breaks in the matter. Please let us know if you require a report at another time.
10. If You Have A Concern About Our Legal Costs – Section 3.4.9(1)(i), (j) & (k)
If you have any concern about our legal costs or our legal services please do not hesitate to contact Mr. Rino Di Donato. If we cannot satisfactorily resolve your concern with you, you may:
· Seek a costs review by the Taxing Master under Division 7 of Part 3.4 of the Act within 1 year after the bill is given to you or the law practice requests payment of costs or you pay the costs;
· Apply to VCAT to set aside this agreement under section 3.4.32 of the Act;
· Make a complaint to the Legal Services Commissioner under chapter 4 of the Act within 60 days after the legal costs were payable or, if an itemised bill was requested in respect of those costs, within 30 days after the request was complied with.
11. Jurisdiction – Section 3.4.9(1)(l) and (m)
The law of Victoria shall apply to legal costs in this matter.
You have the right to sign a costs agreement under a corresponding law or to advise us that you require the law of another jurisdiction to apply.
12. Engagement Of Another Lawyer – Section 3.4.10
We may need to engage on your behalf a Barrister or other Lawyer to provide specialist advice or services. We will consult you about the terms of this engagement and provide you with a statement setting out the details of this person’s fee before incurring the expense.
13. You the client will fully assist Hymans Solicitors in the conduct of the claim by:
a) Fully co-operate with our office;
b) Giving all necessary correct and true instructions regarding the facts of the claim;
c) Attend all reasonable appointments made by Hymans Solicitors;
d) Sign all documents necessary to advance or settle the claim;
e) Accept the advice of Hymans Solicitors whether at any time to settle, withdraw or continue with the claim;
f) Continue to instruct;
g) Pay our legal costs in accordance with this Statement.
14. Ending Our Engagement
You may end our engagement by written notice at any time. If you do this, you must pay our legal costs up until that time.
Circumstances may arise (such as a conflict of interest) which make it impossible for us to continue to act for you. If this happens, we will contact you immediately.
If you do not pay our account or if you fail to pay money in advance if it is requested, we may stop work until we are paid. If the account continues to remain unpaid we may cease to act for you. If we cease to act for you:
· We will not incur any liability as a result;
· We will remove our name from the court record in any court proceedings;
· You will receive a final account which will include all outstanding legal costs;
· You must pay our legal costs up until the date when we cease to act;
· We retain the right to keep your documents until we are paid.
15. Storage of File
Your file will be kept in an out of office storage facility for a period of seven (7) years after the rendering of our final tax invoice. Should our office not receive a request for your file within the seven year period after the rendering of our final tax invoice, it will be destroyed without prior notice.