Standard conveyancing terms
On occasions, we will refer our clients to our ‘standard conveyancing terms.’ These are our current terms that apply for ‘standard’ transactions.
Of course, a lot of transactions are not standard and may require an adjustment ‘up’ or and adjustment ‘down’ in our fees and service provisions based on your transaction type.
The fees you will be charged will be what you have negotiated with our Client Services Team. It will depend on, among other things, the urgency of the work required, the complexity of the transaction and the actual size of the purchase / sale price we are concerned with (as this has insurance implications).
However, the fee schedule below is presented as a ‘guide’ (only) as to what a standard transaction may cost and what level of service you may expect.
Indicative Fees (for NSW):
|Disbursements||At cost (c. $200)|
|Contract Preparation Fee||$250.00|
|Disbursements ||At cost (c. $250)|
The scope of our legal services (for NSW) are:
Our retainer does not extend beyond the scope set out above. In particular, it does not include any specific advice on any Building/Pest
Report, Strata Report nor any neighbouring properties and developments (but which we would suggest is an important part of the due diligence). Nor does our advice extend to us having made any inquiries of Council or regarding the developer.
Our retainer does not extend beyond the scope set out above. In particular, it does not include any specific advice on any matters relating to the default of the purchaser or purported claims they may choose to make against the purchaser (however rare).
If you require us to do other legal work, it will not be covered by this fee and we will make separate arrangements with you about it. We won’t commence any legal work which we believe to fall outside of the scope of this fee arrangement without first discussing it with you.
Our fees, disbursements and costs are payable on the date scheduled for settlement unless indicated otherwise. Our quotes are normally valid for thirty (30) days.
These are the general terms on which we provide legal services. They must be read
together with our costs letter above which describes the specific matter and any
particular services. Our offer to provide these services to you for the fees set out
herein last thirty (30) days.
In each matter in which we act for you, we act as your independent legal adviser
solely in your interests unless you agree that we can act for another party as well.
We will always seek your consent in writing to acting for another party and, where
necessary, allocate you a different solicitor/conveyancer. If this happens, we will
establish ‘Chinese Walls’ restricting what information of yours the other parties’
adviser has access to.
Scammers have targeted solicitors and their clients in conveyancing transactions by
hacking into email accounts and/or making fake email accounts impersonating
solicitors you have worked with in order to request monies on trust. Note we will
never request monies on trust via email without following up with a phone call
confirming the transaction.
You have the right to negotiate this costs agreement with us. Our legal fees and total
estimated disbursements and costs are set out in the costs letter.
You are entitled to receive a bill from us. We may give you a lump sum or an
itemised bill. If we give you a lump sum bill, you may request an itemised bill within
30 days of the bill being payable. It will be provided within 21 days of your request.
You will not be charged for preparing an itemised bill.
Our bills are payable within 7 days after issue. We may stop work until unpaid bills
are paid. We may also charge you interest on any amount unpaid for 30 days or
more after we have given you the bill. The rate of interest will be two (2)
percentage points above the Cash Rate Target of the Reserve Bank of Australia.
If there is a dispute regarding our costs, you may (in addition to any other rights you
• apply for costs to be assessed within 12 months if you are unhappy with our costs;
• apply for the costs agreement to be set aside.
For more information about your rights, please read the fact sheet titled “Legal costs
– your right to know” which you can obtain from us or the Legal Services
To provide you with the legal services you require, we need you to give us clear and
complete instructions. We ask that you provide all relevant facts. Our work does not
extend beyond the scope of work we have agreed with you. Often we need to make
assumptions in order to provide advice. Please carefully review any assumptions
and let us know immediately if any assumptions are incorrect or inappropriate or if
you think we have misunderstood your instructions.
You have the right to ask us for written reports on:
• the progress of your matter; and
• the fees and costs to date or since your last bill.
Occasionally, as a form of advertising, we will pay a mortgage broker or a real
estate agent who has referred us to you a flat fee of $300. Sometimes they are
entered into a referrer’s prize as occasionally promoted on our social media pages
You agree that we may disclose your confidential information to the extent we
consider it appropriate for:
• the purpose of conducting the matter, including to third parties who
provide services to us;
• to our professional advisers and insurers; and
• if legally required or permitted or if authorised by you.
|Title Insurance Processing Fee (for all policies)||$82.50|
|Eagle Eye Insurance (Buildings and Contents Insurance)||$100|
|Deposit Bond referral fee||An amount up to 20% of the fee received by the deposit bond provider|
|Mortgage Broker referral fee||An amount up to 20% of the upfront brokerage fee received by the broker|
You may be entitled to recover damages or compensation from us if you suffer loss
as a result of our conduct up to and limited to $2 million which is the limit of our
professional indemnity insurance through the Legal Practitioners Liability
Committee. However, if you are partly responsible for the loss, the amount of the
damages or compensation can be reduced having regard to the extent of your
You agree that the principal method of communication that we will use together is
Electronic communications may not appear in the same format in which they are
sent, are sometimes delayed or not delivered, can be copied and edited and may
contain computer viruses. To the extent permitted by law, we are not liable for any
loss or damage if this occurs.
Our appointment may be ended:
• by you at any time and for any reason;
• by us, on giving reasonable notice, if a legal conflict arises or other just cause,
such as if you breach the agreement, require us to act unlawfully or unethically, do
not give us adequate or timely instructions, do not pay our bills, have lost confidence
in us or are no longer able to be party to a legalagreement.
You must pay us our fees and costs incurred up to the time our appointment ends
and for any work we do after that time. If we have agreed a fixed fee, you agree to
pay us what we reasonably consider reflects the work we have done for you.
These terms (together with our costs agreement) are governed by the laws of New