Fees

Disclosure Notice and Costs Agreement

Disclosure Notice

Set out in the Disclosure Notice is information that Emanate is required in accordance with the Legal Profession Act 2007 (Qld) (LPA) to disclose to the Client. 

The enclosed Disclosure Notice describes the basis upon which Emanate proposes that the Client engage Emanate.

The Client should carefully read and ensure understanding of the Disclosure Notice before considering the terms of the Costs Agreement.

Costs Agreement

The Client should read the Costs Agreement carefully.

The following is a summary of the more important parts of the Costs Agreement:

• Clause 6 of the Costs Agreement details Emanate’s Costs. 
• Most courts and some tribunals have scales of costs which set out an itemised scale for charging lawyers’ fees (each letter, each telephone call) - and although hourly rates are sometimes allowed for conferences, time at court, etc, those rates are generally less than Emanate’s rates.
• Emanate’s Costs often result in a higher charge than the various court and tribunal scales.
• Emanate does not charge for operational or indirect costs. As such, Emanate will not invoice the Client for internal photocopying, faxing, emails, telephone call costs, printing, deliveries or staff overtime. From time to time, there will be costs passed onto the Client and they are detailed in Clause 5 of the Costs Agreement.
• Although Emanate does not ordinarily extend credit to any client, Emanate is, delighted to accept the Clients instructions, invoice the Client monthly, and accept payment in the usual course.

GST

All figures contained in the Disclosure Notice and Costs Agreement are exclusive of GST.

Acceptance

Emanate’s Offer to enter into a Costs Agreement may be accepted by the Client by any one (1) of the following ways:

• Signing and returning the Costs Agreement.
• Giving Emanate instructions after receiving the Disclosure Notice and Costs Agreement.
• Oral acceptance.

Prior to acceptance, the Client has the right to negotiate the retainer terms detailed in the Disclosure Notice and Costs Agreement.  Should the Client wish to discuss or clarify the terms of the Disclosure Notice and Costs Agreement would you please phone Barry Taylor. 

Should the Client not accept Emanate’s Offer to enter into a Costs Agreement, would the Client please advise as soon as possible, so there is no liability between Emanate and the Client. 

Should the Client accept the Offer to enter into a Costs Agreement in one of the ways which constitutes acceptance, the Client will be regarded as having entered into the Costs Agreement.

Whilst not essential, Emanate would appreciate the Client returning a signed copy of the Disclosure Notice and Costs Agreement as soon as possible.

Should, at any time, the Client feel Emanate has not met your expectations, would you please raise your concerns immediately with Barry Taylor.