Terms & Conditions

This agreement is made between Forbes Dowling lawyers Pty Ltd A.B.N. 87 114 660 052, trading as Legal Direct of PO Box 13261, George Street, Brisbane, Queensland 4003 and you as a Client. In these terms and conditions, "Legal Direct", "Forbes Dowling Lawyers" and "The Practice" means Forbes Dowling Lawyers Pty Ltd and "The Client" means you.

 

1. The Services

Pursuant to information and instructions provided by the Client, Legal Direct is authorised to take action in relation to recovery of debts referred to it by you on the terms and conditions of this agreement.


2. Persons who will perform the services

Your matters will be handled by Aaron Kennedy who is a paralegal and works under the supervision of the Solicitor Director, Duke Myrteza.
All matters which subsequently become defended or where a judgment requires execution will be referred to a lawyer who works under the supervision of the Solicitor Director, Duke Myrteza.


3. Fees- how calculated

Charges for demand letters and undefended legal actions are as outlined on the Legal Direct website under Pricing. Payment for these charges is by prepaid, non-refundable credits and may vary from time to time in accordance with Court fees and costs.
Charges for defended legal actions and execution of judgments are in accordance with a Standard Costs Agreement.


4. Goods and Services Tax

The purchase price of prepaid credits includes GST. Forbes Dowling Lawyers will charge in addition to fees, any GST payable by the Practice for the services undertaken pursuant to the Standard Costs Agreement or any variation to this Agreement.


5. Amendments to this Agreement

Any amendments to this Agreement must be made in writing.


6. Termination of this Agreement

(a) The Client may terminate this Agreement and withdraw its instructions at any time and for any reason.
(b) Forbes Dowling Lawyers may terminate this Agreement and cease to act for the Client for lawful cause or if the Client:
(i) breaches the Agreement;
(ii) requires the Practice to act unlawfully or unethically;
(iii) fails to give the Practice adequate instructions;
(iv) indicates that the Client has lost confidence in the Practice;
(v) fails to pay any account or to provide money to be paid into trust as may be reasonably required; or
(vi) loses legal capacity
(c) The Practice will give to the Client reasonable notice of its intention to terminate this Agreement.
(d) If this Agreement is terminated by the Practice or by the Client, the Practice is entitled to all outstanding fees and disbursements up to the termination and will be entitled to retain possession of the Client’s files until payment of those fees and disbursements.

 

7. Duties

(a) The Practice’s duties:
(i) The Practice will carry out the services required with professional skill and diligence.
(ii) The Practice will, as far as is reasonable, keep the client informed of the progress of the matter
(b) The Client’s duties:
(i) The client will make reasonable efforts to be available to give the Practice instructions in relation to the services to be carried out.
(ii) When the Client anticipates being absent form the Client’s residence or business during a time when instructions will need to be given to the Practice, the client will make arrangements to enable contact between them.


8. Qualified Advice

From time to time the advice given by the Practice to the Client will be based on assumptions and/or qualifications and those assumptions and/or qualifications will be set out in the advice.
The Practice will not be liable for any part of the Practice’s advice that is conditional upon any of these assumptions in circumstances where further information or events make any part of the Practice’s advice incorrect.

9. Trust Monies

The Client directs that all monies received by the Practice on account of prepaid credits can be dealt with by depositing such funds into the Practice’s general account pursuant to section 248(1)(a) of the Legal Profession Act 2007 and otherwise authorises the Practice to transfer any other trust monies received on account of fees and outlays or in respect of debtor payments and which are held in trust from time to time in payment of professional fees and disbursements pursuant to section 81 (1)(c) of the Trust Accounts Act 1973 (Qld),


10. Independent Advice

The client has been informed that it should seek independent advice in relation to this Agreement.


11. Acknowledgement

(a) The Client has read, understands and agrees to be bound by the terms of this Agreement.
(b) The Client agrees to waive the right to disclosure pursuant to section 311(1)(b) of the Legal Profession Act 2007.


12. Privacy

Forbes Dowling Lawyers has a firm commitment to complying with the Privacy Act 1998 (Cth), subsequent amendments, and the National Privacy Principals when handling personal information.

  1. Forbes Dowling Lawyers will be entitled to all legal costs incurred by Forbes Dowling Lawyers as well as any other agreed charges.

  2. Forbes Dowling Lawyers is authorised to appoint its solicitors, to act on behalf of you, in assisting with the recovery and prosecuting litigation or execution of judgment and all legal costs will be payable by you on an indemnity basis.

  3. Solicitors acting for Forbes Dowling Lawyers are authorised to issue demands for payment, conduct all necessary litigation and contact debtors on your behalf.

  4. Forbes Dowling Lawyers and its solicitors and/or duly authorised agents have authority to receive and bank monies recovered into such trust accounts specifically established for that purpose, and to handle funds electronically submitted by you or on your behalf. You authorise all payments to Forbes Dowling Lawyers or its solicitors from any monies held on trust for you in accordance with applicable laws in each State, including any contra against monies owing by you

  5. Forbes Dowling Lawyers is authorised to recover transaction fees and merchant fees, to the extent authorised by law associated with the acceptance of payments on your behalf.

  6. Forbes Dowling Lawyers will account to you for charges and collections, at least monthly, using the accounting rules agreed, including, if appropriate, the declaration of any amounts due from the money held on your behalf. Nothing in this condition however, varies the obligation to settle the statement balance within 14 days of receipt.

  7. You grant a lien on all files in the hands of Forbes Dowling Lawyers or its solicitors to the extent if any money due or accruing in relation to any matter being handled for you.

  8. The cost and charges levied by Forbes Dowling Lawyers may be varied without notice at any time to reflect changes in the costs associated with legal actions and related requirements.

  9. To the extent that it is payable you acknowledge that GST will be applied as required by the A New Tax System (Goods and Services Tax) Act 1999. A tax invoice will be issued for all services attracting this tax.

  10. As required by the Privacy Act, Forbes Dowling Lawyers will maintain policies to protect the information of parties whose data it collects and will, as required by law, advise all debtors of its Privacy Policy.

  11. Forbes Dowling Lawyers acknowledges the requirements of the Trade Practices Act in respect of debtor harassment and the regulatory and licensing requirements for the receivables management industry and commits to pro-active management and exemplary compliance with these requirements.

  12. Where instructed by you, Forbes Dowling Lawyers is authorised to disclose to a credit reporting agency, in accordance with the terms and conditions agreed between you and any debtor and with any applicable privacy legislation, information relating to a debtor’s creditworthiness or default in payment.

  13. In the event of termination of this agreement, withdrawal or return of the files, you agree to pay any outstanding legal and other costs on these accounts.