1. Introduction

‍South Australian lawyers are required to provide, in writing, the general terms on which we accept instructions and reasonably estimated costs and disbursements.

2. Scope of the Legal Work

You have instructed us to advise, assist, and, if required, represent you in a claim for medical expenses, income maintenance, and lump sum compensation for non-economic loss and economic loss under the Return to Work Act 2014 (SA). We will accept instructions from you only.

3. Doing the Work

We charge you fees for our services if your claim is accepted for income maintenance, or lump sum compensation for non-economic loss and economic loss (but not if your claim is accepted for medical expenses only).

‍We will also charge you if your claim resolves by way of you receiving a redemption payment (regardless of whether it is accepted or rejected).

4. Fees

We charge you fees for our services if your claim is accepted for income maintenance, or lump sum compensation for non-economic loss and economic loss (but not if your claim is accepted for medical expenses only).

We will also charge you if your claim resolves by way of you receiving a redemption payment (regardless of whether it is accepted or rejected).

We charge a fixed fee of $4,950.00 (incl. GST) for our services in pursuing a claim up until the time a determination is made (in addition to disbursements and GST as noted in clauses 6 and 7 below).

While your claim is being determined, if an interim payment is offered by the insurer, then we reserve the right to issue a bill for $880.00 (incl. GST) and then, upon resolution of your claim, the remaining $3,520.00 (incl. GST) of the above fixed fee will be invoiced to you.

This fixed fee is different from the rates set out in the Higher Courts Cost Scale. Although fixed fee charging is not uncommon for these types of services, there may be other legal practitioners who may be prepared to act for you and charge according to the Higher Courts Cost Scale. You are entitled to seek independent legal advice regarding this or any other term of this agreement before you sign it. Our fixed fee arrangement may well result in a lower charge than if the Higher Courts Cost Scale was used.

If your claim is rejected, then a dispute may be lodged in the South Australian Employment Tribunal. If that happens then we charge for our work performed from the point of lodging this dispute at the Higher Courts Cost Scale. This is in addition to our fixed fee. The Higher Courts Cost Scale changes annually and so our rates will vary with that change. We will advise you of those changes.

A copy of the current Higher Courts Cost Scale is enclosed.

5. Fee Estimates

‍We estimate our fees for pursuing a workers compensation claim to be $4,950.00 (incl. GST) if the claim is accepted without a dispute in the Tribunal.

If your claim is disputed in the Tribunal then we estimate our total fees would be in the range of $4,950.00 (incl. GST) to $5,500.00 (incl. GST). This is an estimate only and our fees may be less or more depending on how much work is required to succeed in your matter. We are normally able to obtain a contribution towards legal fees from the other side in Tribunal proceedings.

Fees for our services do not include disbursements, which you may be required to pay in accordance with clause 6 regardless of whether or not we are successful in your matter.

6. Disbursements

‍On top of our fees, we charge you for out of pocket expenses needed to pursue your claim (disbursements).

Out of pocket expenses incurred by us may include, but are not limited to, the cost of medical reports and, if required, barristers’ fees. In most cases we can get disbursements paid by the insurer who manages your claim. In rare instances where such costs are not paid by the insurer then these costs are your responsibility.

7. Goods and Services Tax (‘GST’)

Our fees are subject to GST. Under these Terms the amounts or rates quoted for fees are inclusive of GST. It is a term of this engagement that you, as client, pay any GST in respect of those fees.

8. Legal Costs – Your Right to Know

You have the right to:

• Negotiate our Terms of Engagement with us;
• Receive a bill from us;
• Request an itemized bill;
• Be notified of any substantial change to the matters required by law to be disclosed to you, including any substantial change to our fees;
• Request written reports about the progress of your matter and the costs incurred in your matter;
• Apply for our fees to be adjudicated within 6 months if you are unhappy with them; Apply for this agreement to be set aside;
• Make a complaint to the Legal Profession Conduct Commissioner (if you believe there has been overcharging);
• Accept or reject any offer we make for an interstate costs law to apply to your matter;
• Notify us that you require an interstate costs law to apply to your matter.

More information about your rights is on the fact sheets titled “Legal Costs – Your Right to Know” and “Your Right to Challenge Legal Costs”.  You can ask us for a copy or obtain it from the Law Society of South Australia.

9. Litigation Matters- Costs Orders

‍The estimate in clause 5 above only refers to the costs we charge you. In most cases the Tribunal will make an Order for the insurer to pay a proportion of your costs, even if you are unsuccessful. In rare circumstances the Tribunal may order you to pay some or all of the costs of other parties if you are unsuccessful but only if your claim is unreasonable, or without substance or merit. Again, this is rare.

10. Billing

Our process is to wait until the end of the matter before sending you an invoice.

Any bills we send to you are payable within seven (7) days of receipt (or as otherwise agreed).

Additional interest accrues at the General Interest Charge Rate, calculated in respect of each day from the day after payment was due up to and including the day that payment of the billed amount is made on outstanding accounts.

General Interest Charge Rate means the interest charge determined under section 8AAD of the Taxation Administration Act 1953 on the day that payment is due.  Details of the General Interest Charge rate are available from the Australian Taxation Office website.

11. Termination

Our process is to wait until the end of the matter before sending you an invoice.

• Your Right to Terminate this Agreement
  You have the right to terminate our services at any time.
• Cooling off period
  You also have a five (5) business day cooling-off period commencing one business day after you sign this agreement. To exercise this right you must provide us with written notice within this timeframe to the effect that you intend to terminate this agreement.
• Our Right to Terminate this Agreement
  We may terminate this agreement if there has been:  
  i.    Good cause
  This includes, but is not limited to, if you do not comply with the terms of this agreement, including Clause 12 below, or if, in our view, the necessary relationship of trust and confidence no longer exists between us. We would give you reasonable notice and would then cease acting for you and, in any litigation, we would apply to be removed from the Court file as your legal practitioner. or       
  ii.    Unreasonable refusal to accept a settlement offer
  This occurs if you refuse to accept an offer to settle your matter if we have advised you that it is unreasonable to refuse in the circumstances.
• Payment of fees on termination
  All fees and expenses incurred prior to termination by either you or us are immediately billable to you as though you had been successful in your matter in the manner described in clause 4 above (except where you have terminated our Agreement as per the above Cooling Off period).
• Holding of documents and monies until payment received
  Subject to any court order or agreement to the contrary, we are entitled to retain all moneys, papers and records relating to this matter until our bills are paid.

12. Your agreement to work with us

‍It is a term of this agreement that you will respond to us when we contact you, pay invoices on time, and pay money into trust when reasonably requested. You also agree to advise us of any changes in your circumstances, such as your employment, your address or your phone number. If you do not work with us in these ways then we may terminate this agreement.  In such circumstances, you agree that you will file a notice of acting in person in any current court proceedings in which we have been acting for you.

13. Variation

These terms can only be effectively varied in writing.

14. Confidentiality

All information and documents we receive from you, or elsewhere in connection with this matter, will be held in strict confidence and not released without your consent.

15. Conflicts of Interest

We will not intentionally become involved in a situation there is a legal conflict of interest between you, us and/or another client. If there is, then we may be obliged to terminate this agreement.

16. Storage of Records

We store your files for seven (7) years after completion of the matter.  We do not charge for this storage but if you require us to retrieve anything stored by us after completion of the matter, you agree that we will charge you a reasonable fee for that service.  You authorize us to destroy any of your files retained by us after seven (7) years following the completion of the matter.  We encourage you to collect your file from us for your own records within seven (7) years after completion of the work.

17. Copyright

We own copyright in all documents we author in supplying our services and you have the right to use those documents only for the purposes for which they are supplied.

18. Applicable law

These terms are governed by South Australian law.  All parties consent to the non-exclusive jurisdiction of the courts of South Australia with regard to any dispute arising under or out of them.

19. Comments

Our aim is to provide you with high quality and reasonably-priced legal services.  We value your feedback and encourage you to contact our office with any concerns or comments about the conduct of this matter.

20. Your Agreement to These Terms

Please sign the Acceptance of Terms of Engagement as confirmation of your acceptance of these terms and return it to us.  Upon receipt of this signed Acceptance, we will begin acting for you. You may also acknowledge your agreement by facsimile, email, verbally advising us, or by paying bills expressly calculated under the terms of this agreement. If you do not sign and return this Acceptance but you acknowledge receipt, and we continue to be instructed by you then it will be taken to mean that you accept the terms in this agreement.

South Australian Employment Tribunal Rules 2024 [Extract]

‍98. Limit on costs able to be charged by a representative

• In a proceeding under the Return to Work Act 2014 a representative of a party shall not charge excessive costs.
  
• For the purpose of this rule, costs charged at greater than the Higher Courts costs scale as varied from time to time shall, unless there are exceptional circumstances, be regarded as excessive.
• If a representative of a party proposes to charge for work performed in a proceeding under the Return to Work Act 2014 at a rate greater than the Higher Courts costs scale, an ex parte application for directions in the approved form P05 supported by an affidavit seeking dispensation from sub-rule (2) and explaining the exceptional circumstances must be filed with the Registry.
• A representative of a worker or registered employer must provide their client copies of this rule and of section 107 of the Return to Work Act 2014 within 7 days of commencing to act in respect of any proceeding under that Act.
• If a party to a proceeding under the Return to Work Act 2014 believes that their representative has caused costs:
  (a) to be incurred improperly or without reasonable cause; or
  (b) to be wasted by undue delay, negligence or by other misconduct or default;
  the party is to advise a registrar of the complaint in writing and they shall then refer the matter to a Presidential member to deal with the complaint in accordance with section 107 of the Return to Work Act 2014.
• A registrar is authorised to inform parties generally of this rule and of the actions they may take if they believe that the amount of costs being charged is excessive or that an order under section 107 of the Return to Work Act 2014 should be made.
• A proceeding under section 107 of the Return to Work Act 2014 may be initiated by a party or by the Tribunal.
• The requirements of sub-rules (3), (4), (5) and (6) do not apply to a proceeding commenced before 1 July 2015.
• If a party believes that their representative has caused costs payable under section 107(2) of the Return to Work Act 2014 to be:
  (a) incurred improperly or without reasonable cause; or
  (b) wasted by undue delay, negligence or by other misconduct or default;
  the party is to advise the Registrar in writing and the Registrar shall then refer the matter to a Presidential member to deal with in accordance with section 107 of the Return to Work Act 2014.
• The Tribunal may, of its own motion, address circumstances that appear to come within the ambit of section 107 of the Return to Work Act 2014.

Section 107 of the Return to Work Act 2014

‍107. Costs liability of representatives

• In this section — professional representative means a legal practitioner or other person who has been engaged or appointed to represent a party to proceedings before the Tribunal (whether personally or through an employee or agent).
• If a professional representative acting for a party to proceedings before the Tribunal under this Part (whether personally or through an employee or agent) has caused costs—
  a. to be incurred improperly or without reasonable cause; or
  b. to be wasted by undue delay or negligence or by any other misconduct or default, the Tribunal may make an order as specified in subsection (3).
• The Tribunal may order —
  a. that all or any of the costs between the professional representative and his or her client be disallowed or that the professional representative repay to his or her client the whole or part of any money paid on account of costs;
  b. that the professional representative pay to his or her client all or any of the costs which his or her client has been ordered to pay to any party;
  c. that the professional representative pay all or any of the costs of any party other than his or her client.
• Without limiting subsection
  A professional representative is in default for the purposes of that subsection if any proceedings cannot conveniently be heard or proceed, or fail or are adjourned without any useful progress being made, because the professional representative failed to —
  a. attend in person or by a proper representative; or
  b. file any document which ought to have been filed; or
  c. lodge or deliver any document for the use of the Tribunal which ought to have been lodged or delivered; or
  d.  be prepared with any proper evidence or account; or
  e. otherwise proceed.
  
• The Tribunal may not make an order against a professional representative under subsection
• Unless the Tribunal has informed the professional representative of the nature of the order proposed and allowed the professional representative a reasonable opportunity to make representations, and call evidence, in relation to the matter.
• The Tribunal may order that notice of any proceedings or order against a professional representative under this section be given to the client in such manner as the Tribunal directs.