“No Win No Pay” – Conditional Fees in Specific Agreed Matters
In specifically agreed cases with clients, the firm often commences matters on separate “No win No Pay”
basis. For instance in NSW this means that clients only pay professional fees (and disbursements) at a rate of $190-00 + GST
with a loading of 25% as is permitted by law in that State. In other words clients only pay disbursements such as Court filing
fees and process service in advance for such matters.
“In House” Placement of Legal Professionals
In addition to the above, where specific projects of clients require it, the Firm has Legal Practitioners who can be
placed with clients in their offices on an “In House” or “Out Source” basis where clients only pay
such placed Consultants on their own agreed internal employed Corporate Solicitor Rate. Rates can be as low as $300.00 to
$400 per day for such placed Consultants depending on the type of work or the quality and experience of the Consultant required.
Such placements can be arranged on a temporary or permanent basis.
A negotiated reduced rate is also available where a clients in house Corporate staff undertake a lot of administrative/clerical
correspondence type tasks(including letters of demand drafting/swearing Affidavits service and filing of Court documents by
way of example). Such a special rate is also available if a client provides its own office, telephone, Facsimile and clerical
Recovery of Costs
Where possible the Firm endeavours to recover legal costs and disbursements incurred by clients. Generally when a Claimant
or Plaintiff succeeds in a matter they are entitled to recover approximately 2/3 of their legal costs and all their disbursements.
On occasion the Courts will allow application to be made for indemnity costs. (i.e. recovery of all or actual costs)
Where this is possible the Firm always makes such application(s).
Costs Agreement(s), Invoices and payments.
For Volume Debt collection matters it is envisaged that one Standard Retainer costs agreement be entered into. A copy
of such Costs Agreement in NSW is attached to this Proposal by way of example.
For specific large litigation matters Separate costs agreements will be or may be required.
We will provide itemized and detailed Memorandums of costs and disbursements (Tax Invoices) for each matter. The format
of such Tax Invoices/Memorandums of Costs etc can be tailored to meet the specific needs of clients. Most of our clients agree
to Fortnightly payment of Professional Fees due although 30 day invoices are available at the specific written request of
Barristers/Counsel are not retained without the written consent of the
client. Very often to the clients benefit when Barristers are required, then a costs agreement can be entered into directly
between client and Barrister with the benefit of some cost savings to clients. It is a condition of such agreements that Clients
have direct consultation and telephone access with such Barristers. In this case clients may also directly pay such Barristers
without the intervention of our office.
For matters that may require appearances Inter State in Court, significant costs saving can be made with Counsel as
Solicitors in Sydney can Brief and Provide instructions and Barristers can be instructed Inter State in appropriate matters
without the double cost of Solicitor and Barrister arising or the incurring of travel costs by legal practitioners.
A Schedule of Estimated Costs for particular matters appears in the Attached
Schedule. This is not an Exhaustive list.
3. Client Liaison, Contact and Reporting
The firm provides regular status reports for each matter on at least a monthly basis. Legal Practitioners are available
for consultation, report and client feed back and instructions on a 24 hour basis and via direct access on the telephone usually
without the intervention of Secretary’s etc. (Of course this is not always possible for instance if Practitioners are
in Court). As well as office telephone numbers, Mobile and
after Hours telephone numbers are routinely available to clients. The Principal Practitioner is available also on such a basis
when and if any legitimate and genuinely urgent client concerns arise.
reporting and contact is available of course by email and by Facsimile.
4. Debt Collection and Insolvency Clients.
As previously alluded to the Firm has a broad client base, but also has in the main work emanating from two major Corporate
Clients, particularly in the Corporate Area.
Professional References are available from:
Mr Richard Chisholm
AE Australia Pty Ltd,
Telephone (02) 9568 2100
Mobile 0413 004 386
Mr Robert Boon
Former Managing Director,
PF Collier Inc (Australia)
Telephone (02) 9670 2652
5. Particular Client Requirements
The firm has numerous standard precedents in hard copy and softcopy form for use in debt collection matters.
At the commencement of any agreed Contract period , we will review all your current documentation and practices as
requested by you and update any precedents etc/documentation within your computer system as required after close consultation
For instance the new Civil Claims Procedure legislation in NSW which has to be implemented with new forms and procedures
has to be fully implemented.
Properly particularized and drawn documentation which is cognizant particularly of new legislation will maximize the
claims of creditors/clients. We will also undertake a review of your existing
contractual documentation in this regard.
Personal Liability of Directors and Principals of Debtor Companies/Entities
The Firm has found through experience in debt collection matters in the last few years that a particular problem for
creditors is the area of insolvency of companies. Accordingly the Firm has specialized and focused on the issue of making
Directors and Principals of Companies, other incorporated entities and Trusts personally liable for debts which may be incurred.
6. Particular Instructions
Prompt instructions can be provided to the Firm either by provision of Hard copy photo copy documents with appropriate
correspondence or via Email or Facsimile. The latest technology will and can be used to efficiently take and receive instructions
make reports and achieve resolution of matters.
7. Process Serving, tracing and location of Debtors
If clients already have their own Process servers, this Firm can liaise and work in with such process servers. If clients
require a Process server to be allocated, we have available two reputable firms of Licensed Commercial Agents and Private
Investigators. One of these is regularly instructed by a number of Government Departments and the Legal Aid Commission of
NSW. On occasion to save on service and process fees our firm will undertake service out of its own resources locally or via
the post if this acceptable in accordance with applicable Court rules. Commercial Agency and process server services can be
tailored to particular client needs at very economical rates with efficient personal service and after hour’s telephone
access to Such Commercial Agents and Investigators.
The Firm maintains comprehensive Lawcover Professional indemnity Cover and Public Liability insurance cover.
9. Profiles and Profile of Principal Practitioner
Please refer to the Curriculum Vitae of the Principal Practitioner by the Contact Us button.