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* What is your current situation requiring a Binding Financial Agreement?
 Getting married / Prenuptial Agreement Currently married / Postnuptial Agreement Previously married, now separated Previously married, now divorced About to live together as a de facto couple Living together as a de facto couple Separated from de facto partner

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Binding Financial Agreement Engagement Terms

1. Agreed Scope of Work and Fixed Fees
Scope of Work Fixed Fee
Draft your Binding Financial Agreement
7 working days to prepare your first draft Binding Financial Agreement
14 days unlimited revisions
Provide list of lawyers for you and other party to obtain mandatory legal advice
Binding Financial Agreement Fixed Fee $700
GST $70
Total Fixed Fee $770
2. Engagement Terms

A. Offer
The following provisions set out the terms for engaging our professional services in relation to the scope of work and fixed fees (Offer) referred to in paragraph 1 above and as required by the Legal Profession Act 2007 (NSW) (the Act).

B. Agreed Scope of Work
As set out in paragraph 1 above and subject to these engagement terms (Work).

C. Exclusions
We are NOT engaged to:
(a) provide advice in relation to the Work;
(b) incorporate any revisions in relation to the Work after 14 days of the first draft;
(c) provide mandatory legal advice pursuant to the Family Law Act 1975 (CTH) or Family Court Act 1997 (WA) in relation to the Work;
(d) deal with the other party and/or their lawyers;
(e) deal with your appointed lawyer in relation to any revisions and/or your mandatory legal advice referred to in paragraph (c) above;
(f) deal with any third party including superannuation companies, respective state’s revenue and/or land offices;
(g) assist you with the execution of your final Binding Financial Agreement (BFA).

D. The Work
Subject to receiving your full and complete instructions, we require 7 working days to draft and prepare your first draft BFA in accordance with the provisions of the Family Law Act 1975 (CTH) or Family Court Act 1997 (WA), as applicable.

E. Revisions
Upon delivery of the first draft BFA, you are entitled to access these drafts for up to 14 days to incorporate your revisions, as required. NOTE: revisions are corrections NOT changes to initial instructions provided.

F. List of Lawyers
We will provide you with a list of lawyers who may be able to provide you with the mandatory independent legal advice in accordance with the provisions of the Family Law Act 1975 (CTH) or Family Court Act 1997 (WA). We understand these lawyers charge a fixed fee of $300 plus GST. We do not warrant the accuracy of these lawyers’ fixed fee and/or advice given.

G. Next Steps Guide
We will provide you with a copy of our Next Steps Guide that sets out the recommended process for you to follow in order to finalise your BFA, obtain the required legal advice and execute the final BFA.

H. Fixed Fees
As set out in paragraph 1 above, our total fixed fees are payable by way of electronic transfer prior to commencement of the Work.

I. Acceptance
You accept our Offer by inserting your full name in the section provided below.

J. Termination
(a) You may terminate this agreement at any time by giving us written notice of your intention to do so and the grounds on which the notice is based.
(b) We may terminate this agreement by giving you a written notice of our intention to do so and the grounds on which the notice is based including but not limited to:

  • you failing to pay our fixed fees;
  • you failing to provide us with adequate instructions within a reasonable time;
  • you giving instructions that are deliberately false or intentionally misleading;
  • you engaging another law practice to advise you on this matter without our consent;
  • if we, on reasonable grounds, believe that we may have a conflict of interest;
  • if you indicate to us that we have lost your confidence or for other just cause.

(c) If the agreement is terminated either by you or us, you will NOT be entitled to any refund of fixed fees paid up to the date of termination. You will be required to pay any additional fixed fees for work done up to the date of termination.
(d) On termination, we are entitled to retain possession of your papers and documents while there is money owing to us for our charges and expenses, unless and until security is provided for our costs.

K. Retention of Documents
We will, on completion of the Work, retain any papers to which you are entitled, but leave in our possession (except documents deposited in safe custody) for no more than 7 years and on the undertaking that we have your authority to destroy the file 7 years after the date of the final bill rendered by us in this matter.

L. Interest on Unpaid Costs
If our costs are not paid within 30 days of receipt by you of our bill of costs, we may charge you interest on the unpaid amount at the rate prescribed in Schedule 5 of the Uniform Civil Procedure Rules in respect of unpaid judgments, which is subject to change.

M. Person(s) Responsible
You may contact Ray Latimer, Solicitor-Director (Email: rlatimer@inveiss.com) regarding your matter.

N. Substantial Changes to Disclosure
You will be informed, as soon as is reasonably practicable, of any substantial changes to anything contained in this document.

O. Confidentiality
At all times we will seek to maintain the confidentiality of your information. However, we may be permitted or required by law to disclose confidential information. We may also, on a confidential basis, provide your information to third parties where we consider it is appropriate for the proper conduct of your matter.

P. Privacy Protection
Personal information about you, provided by you and other sources, is protected under the Privacy Amendment (Private Sector) Act 2000. Disclosure of such information may be compelled by law (eg. under the Social Security Act). You also authorise us to disclose such information where necessary to others in furtherance of your claim/matter (eg. within the law practice, to the Court, the other party or parties to litigation, to valuers, experts, barristers etc).

Q. Sending Material by Email
We are able to send and receive electronic mail. However, as such mail is not secure it may be copied, recorded, read or interfered with by third parties while in transit. If you ask us to transmit any document electronically, you release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document after transmission, for any delay or non-delivery of any document and for any damage caused to your system or any files by a transfer.

R. Applicable law
The law of New South Wales governs these terms and legal costs in relation to any matter upon which we are instructed to act.

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