1. ?? Case study;Family Law Location MT Law CentreSolicitors/1030
Cavadish Road, MTGravatt QLD 4122
Case study;Family Law Location MT Law CentreSolicitors/1030 Cavadish Road, MTGravatt
QLD 4122Hi already I ordered this paper But didnot mach with the my request It not essay
it need to complete a letter, a timesheet and a costs agreement. The letter and costs
agreement are provided in the annexure, it is a practical exercise, you do not need to
reference. see commentsI add it 2 Annexure 4, 5 need to work up I do not need references
thank youAssessment Task 2 – Letter to client confirming instructions and regarding
costsAssessment Instructions /You are to prepare a letter confirming your client’ s
instructions together with a cost disclosure and cost agreement.You are to access the
relevant legislation and regulatory requirements in your State or Territory for costing legal
services and determine the types of costs that apply for an application for a divorce to be
heard in the Federal Magistrates Court. In Western Australia, an application for a divorce is
head in the Western Australian Family Court.You are also to research law firms and or the
legislation in your State or Territory to obtain information on the charging of professional
fees on an hourly basis or a fixed quote plus GST and disbursements.Pease following this
instruction:Task description:After interviewing the client, you are to open a file in your
client’ s name. You are to prepare a letter (precedent letter Annexure 4) confirming the
clients instructions and attach a cost disclosure and cost agreement (template Annexure 5)
setting out the costs and charges for work being done in the preparation of the application
for divorce and attending court in relation to the client’ s divorce.. You need to complete a
letter, a timesheet and a costs agreement. The letter and costs agreement are provided in
the annexure, it is a practical exercise, you do not need to reference. see commentsI add it 2
Annexure 4, 5 need to work up I do not need references thank youHere Is the• This file to
read before answer the ANNEXURE 4 And Annexure 5File NoteMatter No: Annexure 1
Author: MERY LINNMatter Name: Family Law Location MT Law CentreSolicitors1030
Cavadish Road, MTGravatt QLD 4122Client: Bradley Glen PittDate: 07/06/20015 Time:
1130 hoursWith: Your nameJoanna Ph Number: (07)32159484FAX
(07)32159488Attendance: Physical Attendance / Phone Call / Court Attendance /
Other:Interview Process:The session started by explaining the purpose and process of the
interview to the client. The client was advised that the interview was meant to gather
crucial information from him for helping us act on his behalf in regards to his divorce
application. It was also made clear to the client that the information required would be both

2. of a personal and non-personal nature. The information particularly relates to type of
housing where the children live, children supervision, current parenting plan, health of
children, and education. In addition, the client was advised that the interview would
familiarize him with the relevant legal and non-legal procedures as well as the action that
would be taken by him and the law firm in relation to the divorce
proceedings.Confidentiality:Before proceeding with the interview, the client was advised
that the gathered information would be kept confidential as per the requirements of the
Privacy Act and Australian Solicitors Code of Conduct. The PrivacyAct 1988 requires
confidentiality to be maintained in the collection, storage and use of personal information
(Office of the Australian Information Commissioner, 2015).The significance of
confidentiality of personal information is further emphasized by the Australian Solicitors
Code of Conduct. Section 9 of the code bars legal practitioners in Australia from disclosing
any confidential information about a client to any individual who is not a legal practitioner
or employee associated with the client’ s legal counsel (Law Council of Australia,
2011).Personal information may however be disclosed upon express or implied
authorization by the client, if the law compels the solicitor to do so, or if the solicitor does so
with the intention of avoiding the possibility of a grave criminal offense or avoiding
imminent severe harm to the client or another person (Law Council of Australia, 2011).The
client was therefore assured that all his personal information would be treated in
accordance with the relevant regulationsInformation gathered from client:The information
gathered from the client touches on type of housing where the children live, children
supervision, current parenting plan, health of children, and education.Parenting PlanParties
to the PlanBETWEEN Angie Jean Pitt (Mother)AND Bradley Glen Pitt (Father)Terms of the
PlanThis Parenting plan is prepared in agreement with the provisions of Section 63 of the
Family Law Act 1975 in relation Susan Pitt 7 years old and born 20/06/1975 and Vincent
Pitt and Victoria Pitt 5years old born 22/5/2010HousingMr Pitt’ s children presently live
with him in their matrimonial home, which is a 4-bedroom property in Mount Gravatt,
Brisbane. The children include Susan (7 years old) and Vincent and Victoria (who are twins
aged 3). Vincent has his own bedroom, while Susan and Victoria share a bedroom.Mrs Pitt,
living in a rented apartment in Mount Gravatt East, Brisbane. The matrimonial home is
jointly owned by both parties and is still under a mortgage provided by Westpac
Bank.SupervisionDespite his busy schedule as a plumber, the client still manages to collect
the children to and from school and childcare whenever they are under his custody as per
the parenting plan. In the event the children are sick andhe has been called out to a job; the
client has made arrangements for his parents, who live a few blocks from their matrimonial
home, to look after the children. The client is therefore keen on supervising the
children.ContactIt has been agreed that the children will stay with their father from Monday
afternoon to Friday afternoon, while the mother will stay with them over the weekend. The
mother therefore picks the children from school and childcare at 3.00 pm on Friday and
drops them at school and childcare at 8.45 am on Monday. The same arrangements are kept
during the holidays, though the children are picked from their respective residence at 6.00
pm. It has also been agreed that the children will spend Mother’ s Day with their mother
from 8.00 am to 6.00 pm.As for Christmas Day, both parents have agreed that they will

3. spend the day with the children on an alternating basis. While one parent will spend
Christmas Eve and Christmas Day Morning with the children, the other one will spend
Christmas Day afternoon and Boxing Day with them. Unless agreed otherwise, the mother
will have even years while the father will have odd years. For Easter, the arrangements for
Christmas will prevail. With regard to special events such as birthdays, both parents have
agreed that there will be flexibility in spending time with the kids.Financial SupportThe
client’ s wife pays child support via the Child Support Agency. The client also meets his
share of child support and home upkeep. Mr Pitt earns $60,000 per year while his wife
earns $150,000. As per the child support estimator, the client will pay approximately $8,928
in child support per year.Health It is confirmed that all the children are presently in good
health.EducationSusan is a Grade 2 student at Mount Gravatt Primary School and she is
progressing well at a school, though her teacher has notified the client that she occasionally
shows disinterest in class activities. Vincent and Victoria attend Kindergarten three days a
week, while the other two days they stay at home with their father.Separation and
Parenting PlanIt is confirmed that the separation was amicable and that the client
anticipates no opposition to the divorce. The client provided a copy of the agreed parenting
plan, though property and financial matters are yet to be sorted out.Mother’ s signature
Fathers signature……………………………………………………….
…………………………………………………………….Date: …………………………………………….. Date:
……………………………………………………Explanation of legal procedures:Divorce proceedings start
with an “ Application for Divorce” by the applicant in the presence of a legal practitioner,
which is then filed in court at a certain fee. The application includes the applicant’ s
personal details and other crucial information such as pre-separation history and current
arrangements. The application for divorce is accompanied by a number of documents,
including Consent Parenting Order and Parenting Plan. The applicant is supposed to retain
two copies of the completed and signed application. Once the court receives the application,
the client is then given a hearing date and two sealed copies of the application. The
applicant is then required to serve his spouse with a sealed copy of the application not later
than 28 days prior to the hearing date if the spouse is in Australia, and not later than 42
days prior to the hearing date if the spouse is outside Australia. Since the children are
minors, the client will be required to attend the court hearing unless he is hindered by
circumstances. If the application for divorce is successful, a divorce order is granted by the
court, which takes effect one day after it is given and which becomes final one month after it
is given. Once the order becomes final, each partner is sent a divorce order by the court
directly or through their lawyer. It is important to note that the divorce order may not
necessarily be granted following the initial hearing; the court may require more information
from the applicant (Family Law Courts, 2015).Explanation of non-legal procedures:The
client was also advised that the dispute between him and his wife can be settled out of
court. In other words, going to court can be substituted by a family dispute resolution
procedure. This mainly involves arbitration, counselling, mediation, and other
reconciliation mechanisms (Attorney General’ s Department, 2015).This option works if
both spouses are comfortable with it. In addition, a family dispute resolution procedure
would not be prudent if family violence and/or child abuse are involved or if there is a

4. threat thereof.Moreover, parenting plans and consent orders can be agreed and signed
between the two parties without going to court. Family dispute resolution is often cheaper
as compared to going to court. Just like a court process, the family dispute resolution
practitioner is expected to maintain confidentiality of any personal information provided by
the client.Further information required:As the case unfolds, more information may be
required. This includes personal records such as death certificate of a prior spouse and
court verdicts with a previous spouse; financial and property records such as expense
records, insurance policies, debt records, pension or retirement plans, payroll statements,
income tax returns; business records such as business financial statements and shareholder
agreements; as well as photographs and videotapes of the client, his spouse, and children.
This information can be obtained from the client or his spouse. The information can as well
as obtained from relevant authorities through a court order.Actions to be taken:Help the
client complete and sign all relevant family law documentsFile the application in court on
behalf of the client.Actions to be taken by client:Sign all documents in the presence of a
solicitorAttend the scheduled court hearing.Need To completed this two FormMT
GRAVATTI LAW CENTRE SOLICITORRef: [insert reference][insert date][Insert address of
client]Dear [Insert client’ s name]APPLICATION FOR DIVORCEWe refer to our conference
on [insert date].We confirm you have instructed us to represent you and thank you for your
instructions. Enclosed is our Cost Disclosure and Cost Agreement document in accordance
with the [Insert your State’ s Legal Profession Act}.Set out in the Cost Disclosure and Cost
Agreement document is information that we are required by law to disclose to you under
the [Insert your State’ s Legal Profession Act}.. This document describes the basis on which
we propose that you engage us. Please ensure that you have carefully read and understood
the document before considering the terms of the agreement. If you wish to discuss or
clarify the terms of the enclosure with us, please phone Mr James Thomsen. At this stage,
the estimates provided are only estimates and not a quotation and subject to
change.Enclosed is our offer to enter into a costs agreement which you may accept by any
one of the following ways:• signing and returning a copy of the costs agreement;• giving us
instructions after receiving these documents; or• oral acceptance.If you accept this offer
you will be regarded as having entered into a costs agreement. Whilst not essential, we
would appreciate you returning the signed copies of the Cost Disclosure and Costs
agreement at your earliest convenience.Yours faithfullyJames ThomsenSolicitorEnc.
Disclosure and Costs AgreementAnd this one as wellCosts Disclosure and Costs
AgreementThis document, together with our General Terms of Business, sets out the terms
of our offer to provide legal services to you and constitutes our costs agreement and
disclosure pursuant to the Legal Profession Act [insert year in your State] (“ the Act” ).A
Scope of WorkYou have instructed us to act on your behalf in a divorce application.*B
Professional Fees (if fixed fee agreement)We will charge you professional fees for the work
we do on a fixed fee basis in the amount of: [INSERT]*C Professional Fees (if hourly fee
agreement)We will charge you professional fees for the work we do based on hourly rates.
The hourly rates charged by our professional staff are set out below:(a) $[INSERT] for a
Partner.(b) $[INSERT] for a Senior Associate.(c) $[INSERT] for a Solicitor.The solicitor with
principal responsibility for assisting you in this matter is(a) Partner Responsible [INSERT]

5. and(b) Paralegal [INSERT]You will be proportionately charged for work involving shorter
periods less than an hour. Our charges are structured in 6 minutes units. For example, the
time charged for an attendance of up to 6 minutes will be 1 unit and the time charged for an
attendance between 6 and 12 minutes will be 2 units.Our rates are reviewed on a regular
basis and may change during the course of a matter. In relation to lengthy matters this may
impact upon our cost estimates (which may be revised accordingly). You will be given 30
days’ notice in writing of any foreshadowed changes to our charge out rates.D Expenses &
DisbursementsInternal ExpensesYou will be responsible for internal expenses, which we
incur in carrying out your instructions. Our rates for internal expenses are:(a)
photocopying: $___________ per page.(b) facsimile charges: $___________DisbursementsWe may
incur disbursements (being money which we pay or are liable to pay to others on your
behalf). Disbursements may include search fees, court filing fees, process server fees,
witness expenses, travel expenses, transcript expenses and barrister’ s fees.Where you
instruct us to brief a barrister or other expert and they provide a fee agreement we will
provide this to you.E Contact PersonIf you have any queries about our costs you should
contact [INSERT]F Estimate of Professional Fees, Internal Expenses and DisbursementsOn
our present instructions, we estimate the cost of the work to be:Professional fees:
$[INSERT]Internal Expenses: $[INSERT]Disbursements: $[INSERT]TOTAL $[INSERT]Please
note that this is an estimate only and not a fixed quote. The total costs may exceed the
estimate. While the estimate is based on present information and instructions and our
current understanding from you as to what services are required, our costs may exceed the
estimate if further information becomes available or circumstances change which impact on
these matters. In this event we will provide you with a revised estimate as soon as
practicable.VariablesSome of the variables, which may impact upon the cost estimate
provided above include the following:(a) the number and duration of telephone calls or
other communications;(b) your prompt and efficient response to requests for information
or instructions;(c) whether your instructions are varied;(d) whether documents have to be
revised in light of varied instructions;(e) the lawyer or other persons with whom we deal
and the level of co-operation of the lawyer’ s clients and other persons involved;(f) changes
in the law; and(g) the complexity or uncertainty concerning legal issues affecting your
matter.*G Estimate of Costs Payable and Recoverable on Litigation OutcomeWe are required
by the Act to provide you with an estimate of the range of costs that may be recovered by
you if you are successful in the litigation and the range of costs that you may be ordered to
pay if you are unsuccessful in the litigation. It should be appreciated that an order by a court
for the payment of costs in your favour will not necessarily cover the whole of your legal
costs.Based on our instructions, our estimates of the range of costs, which may be
recoverable or payable are:(a) estimate of the range of costs recoverable by you if you win
the litigation: $[INSERT](b) estimate of the range of costs payable by you if you lose the
litigation: $[INSERT]Note:(a) All courts have discretion in respect of awarding costs. Costs
are normally awarded in favour of the successful party in the proceedings. In some courts
such as the Small Claims Division of the Local Court and for claims less than $20,000 in the
Local Court the amount of costs you can recover are very limited.(b) The estimated ranges
of costs are prepared bearing in mind that only a certain percentage of your total legal costs

6. are recoverable or may be payable. Simply put, even if you win and obtain an order that the
other party pays your costs, you will still be out of pocket with respect to legal costs charged
by us on the solicitor/client basis.(c) If you win at first instance, you may still face the
prospect of meeting the costs of defending your verdict, if the other side appeals. If you lose
at first instance, you may be advised to appeal.(d) Any cost estimates provided with respect
to an appeal are very uncertain as the costs associated with an appeal will depend upon
many factors including initial trial length, findings by the court of first instance, nature of
appeal to be run and which party is appealing. The possible costs associated with winning
or losing on appeal are not dealt with in this document but will be advised to you should an
appeal follow the result at first instance.(e) Even if you are successful in proceedings and
have a costs order in your favour it may still be necessary to seek to enforce such costs
order through the court system. This can be time consuming and costly. The possible costs
associated with such potential enforcement proceedings are not dealt with in this
document, but will be advised to you should the relevant circumstances arise.(f) Courts and
costs assessors take into account whether a successful party is entitled to an input tax credit
in respect of legal costs already paid, when assessing costs recoverable by the successful
party.Dated:Client:*(Delete if not applicable)1 Billing ArrangementsOur usual policy is to
issue a tax invoice on a monthly basis but we may issue tax invoices on a more frequent
basis depending on the nature of the work. All tax invoices are due and payable 14 days
from the date of the tax invoice.2 Acceptance of OfferYou may accept the Costs Disclosure
and Costs Agreement by: a) signing and returning this document to us or: b) continuing to
instruct us. Upon acceptance you agree to pay for our services on these terms.3 Interest
ChargesInterest at the maximum rate prescribed in Regulation [insert regulation number]
of the Legal Profession Regulation [insert year] (“ the Regulation” ) (being the Cash Rate
Target set by the Reserve Bank of Australia plus 2%) will be charged on any amounts
unpaid after the expiry of 30 days after a tax invoice is given to you. Our tax invoices will
specify the interest rate to be charged.4 Recovery of CostsThe Legal Profession Act [insert
year] (“ the Act” ) provides that we cannot take action for recovery of legal costs until 30
days after a tax invoice (which complies with the Act) has been delivered to you.5 Your
RightsIt is your right to:(a) negotiate a costs agreement with us;(b) receive a lump sum bill
in respect of legal services provided;(c) request and receive an itemised bill after receipt of
a lump sum bill;(d) be notified as soon as is reasonably practicable of any substantial
change to any matter affecting costs; and(e) request in writing, and be provided with, a
written report of the progress of any matter in which you retain us or a written report of
the legal costs incurred by you to date.We are entitled to charge you a reasonable amount
for the provision of a progress report on your matter but may not charge for the provision
of a written report on the legal costs incurred by you.Nothing in these terms and conditions
affects your rights under the Australian Consumer Law.6 Your Rights in relation to a
Dispute concerning CostsIf you have a dispute in relation to any aspect of our legal costs you
have the following avenues of redress:(a) in the first instance we encourage you to discuss
your concerns with us so that any issue can be identified and we can have the opportunity
of resolving the matter promptly and without it adversely impacting on our business
relationship;(b) you may apply to the Manager, Costs Assessment located at the Supreme

7. Court of (insert State) for an assessment of our costs. This application must be made within
12 months after the bill was provided or request for payment made or after the costs were
paid;(c) you may apply to the Costs Assessor to set aside some or all of these terms on the
grounds they are not fair or reasonable; and(d) you may refer a dispute about a tax invoice
to the President of the Law Society or the Legal Services Commissioner for mediation if the
amount in dispute is less than $10,000.7 Payment MethodsIt is our policy that when acting
for new clients, that we do one or more of the following:(a) approve credit;(b) ask the client
to pay monies into our trust account;(c) ask the client for their credit card details.Unless
otherwise agreed with you, we may determine not to incur fees or expenses in excess of the
amount that we hold in trust on your behalf or for which credit is approved.8 Authorisation
to Transfer Money from Trust AccountYou authorise us to receive directly into our trust
account any judgment or settlement amount, or money received from any source in
furtherance of your work, and to pay our professional fees, internal expenses and
disbursements in accordance with the provisions of clause 88(3)(a)(i) of the Regulation.9
Retention and Copying of Your DocumentsOn completion of your work, we will retain your
documents for 7 years. Your (express or implied) agreement to these terms constitutes your
authority for us to destroy the file 7 years after the date of our final tax invoice. The
authority does not relate to any documents, which are deposited in safe custody which will,
subject to agreement, be retained on your behalf indefinitely. We are entitled to retain your
documents while there is money owing to us for our costs.On completion of your work or
following termination (by either party) of our services you will be liable for the cost of
retrieving documents in storage and also any photocopying charges we incur and our
professional fees in connection with the provision of your file to you or as directed by
you.10 Termination by UsWe may cease to act for you or refuse to perform further work,
including:(a) while any of our tax invoices remain unpaid;(b) if you do not within 7 days
comply with any request to pay an amount in respect of disbursements or future costs;(c) if
you fail to provide us with clear or timely instructions to enable us to advance your matter,
for example, compromising our ability to comply with Court directions, orders or practice
notes;(d) if you refuse to accept our advice;(e) if you indicate to us or we form the view that
you have lost confidence in us;(f) if there are any ethical grounds which we consider require
us to cease acting for you, for example a conflict of interest;(g) for any other reason outside
our control which has the effect of compromising our ability to perform the work required
within the required timeframe; or(h) if in our sole discretion we consider it is no longer
appropriate to act for you.We will give you reasonable written notice of termination of our
services. You will be required to pay our costs incurred up to the date of termination.11
Termination by YouYou may terminate our services by written notice at any time. However,
if you do so you will be required to pay our costs incurred up to the date of termination
(including if the matter is litigious, any cancellation fees or other fees such as hearing
allocation fees for which we remain responsible).12 LienWithout affecting any lien to which
we are otherwise entitled at law over funds, papers and other property of yours in our
possession:(a) we shall be entitled to retain by way of lien any funds, property or papers of
yours, which are from time to time in our possession or control, until all costs,
disbursements, interest and other moneys due to the firm have been paid.(b) our lien will

8. continue notwithstanding that we cease to act for you.13 PrivacyWe are required and
committed to protecting your personal information in accordance with our obligations
under the Privacy Act 1988 and the National Privacy Principles.Personal information about
you, provided by you and other sources, is protected under the Privacy Amendment
(Private Sector) Act 2000 (Cth.). Disclosure of such information may be compelled by law
(e.g. under the Social Security Act 1991 (Cth)). You also authorise us to disclose such
information where necessary to others in furtherance of your claim/matter (e.g. within the
law practice; to the Court; to the other party or parties to litigation; and to valuers, experts,
barristers).14 ConfidentialityAt 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.15 Sending
Material by EmailWe 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.16 GSTWhere applicable,
GST is payable on our professional fees and expenses and will be clearly shown on our tax
invoices. By accepting these terms you agree to pay us an amount equivalent to the GST
imposed on these charges.17 Governing LawThe law of [insert State] governs these terms
and legal costs in relation to any matter upon which we are instructed to act.For more
information about your rights, please read the facts sheet titled Legal Costs – your right to
know. You can ask us for a copy, or obtain it from your local law society or law institute (or
download it from their website).