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AAT LEGAL

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Wentworth Community Independents

 

Business Law, Insolvency and Debt Collection form the mainstream of the Firm's Practice although practice also is untertaken in other areas of law.

 

We offer comprehensive legal services with a business like approach while having a friendly emphasis. The emphasis is on providing flexible realistic outcomes which are practical and above all cost effective for clients.

 

We act and advise specifically with respect to debt collection and insolvency for a number of companies. These include the leading supplier and retailer in Australia in the Audio, sound and Disc Jockey (DJ) industry and a large group of IT Service and IT Recruitment Companies with offices and outlets throughout Australia. These are long standing relationships of seven years and two years standing respectively.

 

As such this firm has extensive experience in the areas of practice required by any Client who requires comprehensive debt collection and insolvency services including;

 

Debt Recovery in the Local, District and Supreme Courts Commercial Law and Litigation including Trade Practices Insolvency and Bankruptcy Commercial Negotiation and dispute resolution.


1.    Specific Practitioners

 

This firm has individual Solicitors who are experienced in the above areas. These Legal Practitioners as well as having specifically relevant experience also in some case have language and other skills which can be utilized specifically for particular classes of debtors with particular ethnic and language backgrounds. For instance Greek or Mandarin speaking practitioners may be assigned to deal with those target groups. The firm also has Arabic Speaking and Russian Speaking Liaison officers.

 

In addition the Firm has access to and regularly utilizes a small panel of specialist Barristers where and when this is necessary in large litigation matters, although their use is strictly controlled to avoid the unnecessary accumulation of costs to clients.

 

2.    Engagement and Costs

 

Our Legal Practitioners provide advice on accessible direct basis often by telephone and often after hours across a broad range of Debt collection, commercial and contractual matters. The Firm already undertakes high volume debt collection related work.

 

Where possible, especially for straightforward debt collection type work the above $150.00 per hour rate is adhered to even when the Principal Practitioner is involved with actual carriage of the matter.

 

“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 Facilities.

 

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 clients.

 

Barristers/Counsels Fees

 

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.

 

Regular 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

Managing Director

AE Australia Pty Ltd,

Telephone (02) 9568 2100

Mobile   0413 004 386

rchisholm@lightsounds.com

 

Mr Robert Boon

 

Former Managing Director,

PF Collier Inc (Australia)

Telephone (02) 9670 2652

Mobile  (0404) 473 880

 

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 with you.

 

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.

 

8.    Insurance

 

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.

 

For full details about AAT LEGAL Services and how we can assist you, please click onto our website at www.aatlegal.com.au