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The following terms apply to your appointment with CLARK WHYTE  LAWYERS:


1.        We will nominate partners and lawyers with the best expertise for your needs.  A partner will be responsible for delivery of our services to you.  As required, other partners, lawyers or non-professional staff may be used.


2.         We require you to give us full instructions in relation to the service we give you.  Written instructions are always preferred.  Please do not assume that we know particular facts.  We rely on you to give us the relevant information.


3.         Our duty of care is to the client named in our engagement letter.  No other person can rely on our advice unless we agree.  We provide legal advice only and not advice on commercial, financial or other matters.


4.                   We may charge you on the basis of hourly rates or by some other method agreed by us.  Our rates are generally set out in your engagement letter.  If not, the standard hourly rates included in these terms will apply.  Time charged is based on 6 minute units.


If a fixed fee is agreed and the amount of work completed increases beyond the initial instructions given by you, all further work will be carried out in accordance with the standard hourly rates, unless otherwise agreed.


5.                 As the standard rates are reviewed regularly, if the rates change during the course of our services to you, the new rate will apply from the date of the change, unless otherwise agreed.


6.                   An estimate of our fees and disbursements will be provided to you where practicable. If the scope of our services changes, the final fees may differ from our estimate, which should be considered as our best guess.


7.                 In relation to disbursements, we will charge you the amount we are charged for services including postage, searches, court fees, registration fees and counsel fees.


For services provided by us including photocopying, faxes and long distance telephone calls, we will charge you according to the amount these services are used.


8.              All fees referred to in these terms and our letter of engagement are exclusive of goods and services tax (GST).  Any GST payable in respect of our services will be passed on to you.


9.                 We will bill you on an ongoing basis or as otherwise agreed.  Our bill separates costs and disbursements for your convenience.  If you fail to pay our account within 14 days of issue and upon giving notice to you, we may cease all work on your matter.


10.             When requesting payment for services completed, we will provide you with a bill of costs.  If our bill is not itemised, you are entitled to request an itemised bill within 30 days.   Within 30 days of receiving an itemised bill you may require us to submit the bill to the taxing officer of the Supreme Court of Western Australia for a review of our costs.  This means our bill will be reviewed as to its reasonableness for work performed.


11.               As a condition of our acting for you, we may require you to enter into a written costs agreement with us.  The agreement will contain additional terms to these terms.  You can have a written costs agreement reviewed as to its reasonableness by the Supreme Court.


12.               We may request funds in advance from you to be held in trust and used in payment of our fees and disbursements.


13.               If your matter involves litigation and you are successful in obtaining costs, the amount you obtain is likely to be substantially less than the costs and disbursements you incur under this agreement.


If you lose your case, you may also have to pay another party’s costs.  These costs would be additional to any costs you have to pay under this agreement.


14.            If we transmit documents to you or someone else and changes are made to those documents by someone else, we are not responsible for any loss suffered by those changes unless they were approved by us.


15.              We may destroy your file (except for any items held in safe custody) at any time after 7 years of archiving your file (generally after payment of our final account).


16.           Either party may terminate this agreement upon giving reasonable notice.  You remain responsible for payment for all of our fees and disbursements up until the termination,


Your continued instructions to us confirm your acceptance of this agreement

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