TERMS AND CONDITIONS

BT Legal

Victoria’s Trusted Property Law and Conveyancing Specialists

IMPORTANT: Please read these Terms and Conditions carefully before engaging our services. By instructing BT Legal to act on your behalf or by using our website, you agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not engage our services or use our website.

1. Introduction and Acceptance

1.1 Agreement

These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“Client”, “you”, or “your”) and BT Legal (“we”, “us”, “our”, or “the Firm”), a legal practice operating in Melbourne, Victoria, Australia. These Terms govern your use of our website (btlegal.com.au) and the provision of our legal services.

1.2 Acceptance

By engaging in our services, signing a costs agreement, providing instructions, making a payment, or continuing to use our services after being provided with these Terms, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. These Terms should be read in conjunction with any specific costs agreement, letter of engagement, or retainer agreement provided to you.

1.3 Capacity

By engaging our services, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a binding agreement. If you are engaging in our services on behalf of a company, trust, or other entity, you warrant that you have the authority to bind that entity to these Terms.

2. Our Services

2.1 Scope of Services

BT Legal is a professional legal firm specialising in property law and conveyancing. We offer comprehensive legal services including, but not limited to:

(a) Residential and Commercial Conveyancing

(b) Off-the-Plan Contracts

(d) Plan of Subdivision Applications

(e) Transmission and Survivorship Applications

(f) Lost Title Applications

(g) Self-Managed Super Funds (SMSF) Property Transactions

(h) Solicitor Guarantees

(i) Contract Reviews and Due Diligence

2.2 Limitation of Services

The specific scope of services to be provided will be defined in your individual costs agreement or letter of engagement. We will only act within the scope of the matter for which you have engaged us. Any additional services or matters will require separate instructions and may be subject to additional fees.

2.3 No Guarantee of Outcomes

While we will use our professional skills and expertise to achieve the best possible outcome for you, we cannot and do not guarantee any particular result or outcome. Legal matters are subject to various factors beyond our control, including the actions of other parties, government bodies, and regulatory authorities.

3. Client Engagement Process

3.1 Initial Consultation

Upon receiving your initial inquiry through our website, telephone, or email, we will assess your matter and determine whether we are able to assist you. We reserve the right to decline to act in any matter at our sole discretion.

3.2 Costs Agreement

Before commencing work on your matter, we will provide you with a costs agreement in accordance with the Legal Profession Uniform Law (Victoria). The costs agreement will outline the scope of work, estimated costs, billing arrangements, and other relevant terms. You must sign and return the costs agreement before we can commence work, unless otherwise agreed in writing.

3.3 Identification Requirements

In accordance with our legal obligations, including the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and the Victorian Land Registry Services requirements, we are required to verify your identity before acting on your behalf. You must provide satisfactory proof of identity, which may include original or certified copies of identification documents such as your passport, driver’s licence, or other government-issued identification.

4. Client Obligations

4.1 Provision of Information

You agree to provide us with complete, accurate, and timely information and documentation necessary for us to conduct your matter. You must inform us promptly of any changes to your circumstances or any new information that may be relevant to your matter.

4.2 Instructions

You agree to provide us with clear and timely instructions as required throughout your matter. We may request that certain instructions be provided in writing. We are entitled to rely on any instructions given by you or any person whom we reasonably believe to be authorised to give instructions on your behalf.

4.3 Cooperation

You agree to cooperate fully with us and to respond to our requests for information, documents, or instructions in a timely manner. Delays in providing information or instructions may affect our ability to progress your matter and may result in additional costs.

4.4 Truthfulness

You warrant that all information provided to us is true, accurate, and complete to the best of your knowledge. We are entitled to rely on the information you provide, and we are not obliged to independently verify such information unless specifically instructed to do so.

4.5 Settlement Funds

For conveyancing matters, you are responsible for ensuring that all funds required for settlement (including the purchase price, stamp duty, and associated costs) are available and cleared in our trust account prior to the settlement date. Failure to provide funds on time may result in penalties, interest charges, or the failure of your transaction.

5. Fees and Payment

5.1 Professional Fees

Our professional fees will be set out in your costs agreement. Fees may be charged on a fixed-fee basis, an hourly rate, or a combination of both, depending on the nature of your matter. All fees quoted are exclusive of GST unless otherwise stated, and GST will be added where applicable.

5.2 Disbursements

In addition to our professional fees, you will be responsible for paying disbursements incurred on your behalf. Disbursements are out-of-pocket expenses that we pay to third parties in connection with your matter, which may include but are not limited to:

(a) Title searches and property certificates

(b) Land Registry fees and registration costs

(d) PEXA (Property Exchange Australia) fees

(e) Bank settlement fees

(f) Stamp duty and government charges

(g) Courier and postage costs

5.3 Payment Terms

Payment terms will be specified in your costs agreement. We may require payment of a deposit or funds on account before commencing work. All invoices are payable within fourteen (14) days of the invoice date unless otherwise agreed. For conveyancing matters, our fees and disbursements are typically deducted from settlement proceeds or must be paid prior to settlement.

5.4 Trust Account

We operate a trust account in accordance with the Legal Profession Uniform Law (Victoria). All client funds received will be deposited into our trust account and held on your behalf until required for disbursements, settlement, or payment of our invoiced fees (with your authority).

5.5 Overdue Payments

If payment is not received by the due date, we reserve the right to charge interest on overdue amounts at the rate prescribed under the Penalty Interest Rates Act 1983 (Vic). We may also suspend work on your matter until outstanding fees are paid and may exercise a lien over your documents and files until all amounts owing are paid in full.

5.6 Cost Estimates

Any cost estimates provided are given in good faith based on the information available at the time. Actual costs may vary depending on the complexity of the matter, unforeseen circumstances, or additional work required. We will notify you as soon as practicable if we anticipate that costs will exceed our estimate by more than the amount specified in the Legal Profession Uniform Law.

6. Communication

6.1 Methods of Communication

We may communicate with you by telephone, email, post, or other electronic means. You consent to receiving communications from us by email at the email address you provide. You acknowledge that email communication carries inherent risks, including the risk of non-delivery, delay, or interception by third parties.

6.2 Response Times

We will endeavour to respond to your inquiries within a reasonable timeframe, typically within two (2) business days. However, response times may vary depending on the complexity of your inquiry and our current workload. Urgent matters should be communicated to us by telephone.

6.3 Updates

We will keep you informed of the progress of your matter at regular intervals or as significant developments occur. You may contact us at any time to request an update on the status of your matter.

7. Confidentiality and Privacy

7.1 Confidentiality

We are bound by strict professional obligations of confidentiality. All information you provide to us will be kept confidential and will not be disclosed to any third party without your consent, except as required by law, court order, or regulatory authority, or as necessary for the conduct of your matter.

7.2 Legal Professional Privilege

Communications between you and BT Legal for the purpose of seeking or providing legal advice are protected by legal professional privilege. This privilege belongs to you, and we will not waive it without your express consent. However, you should be aware that privilege may be lost if communications are disclosed to third parties.

7.3 Privacy

We collect, use, and disclose personal information in accordance with the Privacy Act 1988 (Cth) and Australian Privacy Principles. Our Privacy Policy, available on our website, provides detailed information about how we handle your personal information. By engaging our services, you consent to the collection and use of your personal information as described in our Privacy Policy.

8. Conflicts of Interest

8.1 Conflict Check

Before accepting your matter, we will conduct a conflict check to ensure that acting for you will not create a conflict of interest with any of our existing or former clients. If a conflict is identified, we will discuss this with you and determine whether the conflict can be managed or whether we are unable to act for you.

8.2 Disclosure

You must disclose to us any circumstances that may give rise to a conflict of interest, including any relationships or dealings with other parties involved in your matter. If a conflict arises during the course of your matter, we will notify you and discuss the appropriate course of action, which may include ceasing to act for you.

9. Document Retention

9.1 Retention Period

Upon completion of your matter, we will retain your file for a minimum period of seven (7) years in accordance with our professional obligations and regulatory requirements. After this period, we may destroy your file without further notice to you.

9.2 Return of Documents

Original documents provided by you will be returned to you upon completion of your matter or upon your request, unless we are required to retain them by law or for the protection of our legitimate interests. We may charge a reasonable fee for the retrieval and delivery of documents.

9.3 Electronic Storage

We may retain documents in electronic format. You consent to us storing your documents electronically and destroying the original paper documents after scanning, unless you notify us in writing that you require original documents to be retained.

10. Limitation of Liability

10.1 Professional Liability

Subject to applicable law, our liability for any loss or damage arising from or in connection with our services (whether in contract, tort, negligence, or otherwise) is limited to the extent permitted by law. We maintain professional indemnity insurance in accordance with the requirements of the Legal Profession Uniform Law.

10.2 Exclusion of Liability

To the maximum extent permitted by law, we exclude liability for any indirect, consequential, or special damages, including but not limited to loss of profits, loss of opportunity, loss of goodwill, or loss of anticipated savings, arising from or in connection with our services.

10.3 Reliance on Third Parties

In providing our services, we may rely on information provided by you, third parties, government agencies, or other sources. We are not liable for any loss or damage resulting from reliance on inaccurate, incomplete, or misleading information provided by third parties, unless we have been negligent in our use of such information.

10.4 Your Responsibility

You acknowledge that you are responsible for making your own decisions regarding your legal matter. While we provide professional advice and recommendations, the ultimate decision on how to proceed rests with you. We are not liable for any loss or damage resulting from decisions made by you contrary to our advice.

11. Professional Indemnity Insurance

We maintain professional indemnity insurance in accordance with the requirements of the Legal Profession Uniform Law (Victoria). Details of our professional indemnity insurance are available upon request.

12. Termination

12.1 Termination by You

You may terminate our engagement at any time by providing written notice to us. Upon termination, you will be responsible for payment of all fees and disbursements incurred up to the date of termination. We will provide you with a final invoice and return your documents (subject to our lien for unpaid fees).

12.2 Termination by Us

We may terminate our engagement if:

(a) You fail to pay our fees or provide funds on account as required;

(b) You fail to provide instructions or cooperate as reasonably required;

(d) You provide false or misleading information;

(e) You act contrary to our advice in a manner that may prejudice your matter or our professional obligations;

(f) Continuing to act would cause us to breach our professional or legal obligations; or

(g) The solicitor-client relationship has irretrievably broken down.

12.3 Effect of Termination

Upon termination, all outstanding fees and disbursements become immediately due and payable. We may retain your documents until all amounts owing to us are paid in full. We will provide reasonable assistance to facilitate the transfer of your matter to another solicitor, subject to payment of our fees.

13. Intellectual Property

13.1 Our Intellectual Property

All intellectual property in documents, templates, systems, and materials created by us remains our property. You are granted a non-exclusive, non-transferable licence to use documents prepared specifically for your matter for the purpose for which they were prepared. You may not reproduce, distribute, or use our materials for any other purpose without our written consent.

13.2 Website Content

All content on our website, including text, graphics, logos, images, and software, is the property of BT Legal or our licensors and is protected by copyright and other intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from our website content without our prior written consent.

14. Website Terms of Use

14.1 Website Access

We grant you a limited, non-exclusive, revocable licence to access and use our website for personal, non-commercial purposes. We reserve the right to withdraw or modify our website at any time without notice.

14.2 Prohibited Conduct

You agree not to use our website in any way that:

(a) Is unlawful, fraudulent, or harmful;

(b) Violates any applicable laws or regulations;

(d) Introduces viruses, malware, or other harmful code;

(e) Attempts to gain unauthorised access to our systems; or

(f) Interferes with the proper functioning of our website.

14.3 Website Disclaimer

The information on our website is provided for general information purposes only and does not constitute legal advice. You should not rely on the information on our website as a substitute for professional legal advice tailored to your specific circumstances. We make no representations or warranties about the accuracy, completeness, or suitability of the information on our website.

15. Third-Party Links

Our website may contain links to third-party websites. These links are provided for your convenience only. We have no control over the content, privacy policies, or practices of third-party websites and accept no responsibility or liability for them. Your use of third-party websites is at your own risk.

16. Complaints and Disputes

16.1 Internal Complaints

If you have any concerns or complaints about our services, please contact us in writing. We will acknowledge your complaint within seven (7) days and will endeavour to resolve your complaint within twenty-one (21) days. We are committed to addressing your concerns fairly and promptly.

16.2 External Dispute Resolution

If you are not satisfied with our response to your complaint, you may lodge a complaint with the Victorian Legal Services Board and Commissioner:

Victorian Legal Services Board and Commissioner

Website: www.lsbc.vic.gov.au

Phone: 1300 796 344

Email: admin@lsbc.vic.gov.au

16.3 Costs Disputes

If you have a dispute about our costs, you may apply to the Victorian Legal Services Board and Commissioner for a costs review or to the Costs Court of Victoria for a costs assessment.

17. Governing Law and Jurisdiction

These Terms and Conditions are governed by and construed in accordance with the laws of the State of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia in respect of any dispute arising out of or in connection with these Terms or our services.

18. Amendments

We reserve the right to amend these Terms and Conditions at any time. Any amendments will be effective upon posting on our website. Your continued use of our services or website after any amendments constitutes your acceptance of the amended Terms. We encourage you to review these Terms periodically.

19. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid, illegal, or unenforceable provision will be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable.

20. Entire Agreement

These Terms and Conditions, together with any costs agreement, letter of engagement, or other written agreement between us, constitute the entire agreement between you and BT Legal regarding the subject matter hereof. These Terms supersede any prior discussions, negotiations, or agreements between us.

21. Waiver

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by us to be effective.

22. Contact Information

If you have any questions about these Terms and Conditions, please contact us:

BT Legal

Victoria’s Trusted Property Law and Conveyancing Specialists

Phone: 0430 050 505

Email: info@btlegal.com.au

Website: https://btlegal.com.au/

23. Acknowledgment

By engaging our services, you acknowledge that:

(a) You have read and understood these Terms and Conditions;

(b) You agree to be bound by these Terms and Conditions;

(d) These Terms, together with any costs agreement, form a binding legal agreement between you and BT Legal.

— End of Terms and Conditions —