Important Notice
The information on this website constitutes general legal information only and does not constitute legal advice. No solicitor-client relationship is formed by your use of this website. You should obtain specific legal advice tailored to your individual circumstances before acting on any information provided.
1. Application
These Terms of Engagement ("Terms") apply to all legal services provided by Core Defence Lawyers (ABN 23 693 721 167) ("the Firm", "we", "us", "our") to our clients. By instructing us to act on your behalf, you agree to be bound by these Terms, which are subject to and should be read in conjunction with the Legal Profession Uniform Law (NSW), the Legal Profession Uniform Law Application Act 2014 (NSW), and the Australian Solicitors Conduct Rules 2015.
2. Scope of Engagement
The scope of our engagement will be outlined in a separate costs agreement or letter of engagement provided to you in accordance with Part 4.3 of the Legal Profession Uniform Law (NSW). We will only act in the matter(s) specified. Any additional or new matters will require a separate agreement.
3. Our Obligations
In providing legal services, we undertake to:
- Act in your best interests in accordance with the Australian Solicitors Conduct Rules 2015 (Rule 4)
- Maintain confidentiality of all information you provide (Rule 9)
- Provide competent and diligent legal representation (Rule 4.1.3)
- Keep you informed of the progress of your matter
- Follow your lawful, proper and competent instructions (Rule 8)
- Comply with all applicable laws and professional regulations
- Provide disclosure of costs in accordance with Part 4.3 of the Legal Profession Uniform Law
4. Your Obligations
As our client, you agree to:
- Provide truthful, complete and timely instructions and information
- Attend court and appointments as required
- Comply with all bail conditions and court orders
- Pay our legal costs and disbursements in accordance with the costs agreement
- Notify us immediately of any change in your contact details or circumstances relevant to your matter
- Cooperate fully with our conduct of your matter
5. Costs & Billing
Our costs will be disclosed to you in a costs agreement provided in accordance with sections 174-178 of the Legal Profession Uniform Law (NSW). This disclosure will include:
- The basis on which our legal costs will be calculated
- An estimate of the total legal costs or, if not reasonably practicable, a range of estimates
- Your right to negotiate a costs agreement
- Your right to receive a bill of costs and to have costs assessed
- Any disbursements that may be incurred
- Details of barristers' fees where applicable
Payment terms will be specified in the costs agreement. We may require payment of funds in advance, which will be held in our trust account in accordance with the Legal Profession Uniform General Rules 2015.
6. Legal Aid
Where your matter is funded by Legal Aid NSW, the terms and conditions of the Legal Aid grant will apply in addition to these Terms. We are an approved Legal Aid NSW panel firm and can assist you with Legal Aid applications where eligible.
7. Barristers
Where we consider it appropriate or necessary, we may recommend that a barrister be briefed to appear in court on your behalf or to provide specialist advice. We instruct only award-winning barristers. Barristers are independent practitioners and their fees will be disclosed to you separately. By instructing us, you authorise us to brief barristers on your behalf where we consider it necessary.
8. Communication
We will communicate with you by telephone, email, and post unless you instruct otherwise. You acknowledge that email communication may not be secure and consent to our use of email for correspondence regarding your matter.
9. Conflicts of Interest
We are obligated under Rules 11-12 of the Australian Solicitors Conduct Rules 2015 to avoid conflicts of interest. If a conflict arises, we will advise you immediately and, if necessary, cease to act. We conduct conflict checks before accepting any new engagement.
10. Termination
You may terminate our engagement at any time by providing written notice. We may also terminate our engagement in accordance with Rule 13 of the Australian Solicitors Conduct Rules 2015, including where:
- There is a breakdown in the solicitor-client relationship
- You fail to provide adequate instructions
- You fail to pay our costs in accordance with the costs agreement
- You instruct us to act unethically or unlawfully
- Continued representation would be impracticable or unreasonable
Upon termination, you remain liable for all costs and disbursements incurred up to the date of termination.
11. Limitation of Liability
Our liability is limited by a scheme approved under Professional Standards Legislation. The extent of that limitation is outlined in the scheme and is available upon request. Nothing in these Terms limits your rights under Australian Consumer Law to the extent it applies.
12. File Retention
Upon completion of your matter, we will retain your file for a minimum of seven (7) years, in accordance with the Legal Profession Uniform General Rules 2015 (Rule 42). After this period, files may be destroyed without further notice to you.
13. Complaints
If you are dissatisfied with our services, we encourage you to raise the issue with us first. If we cannot resolve the matter to your satisfaction, you may make a complaint to the Legal Services Commissioner (NSW) or the NSW Bar Association (in respect of barrister conduct).
- Legal Services Commissioner: www.olsc.nsw.gov.au
14. Governing Law
These Terms are governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
15. Contact Us
If you have any questions about these Terms, please contact us:
- Phone: 0483 797 375
- Email: legal@coredefencelawyers.com.au
- Address: Suite 735, Level 7, 91 Phillip Street, Parramatta NSW 2150