Agency Terms & Conditions

Agency Terms & Conditions

These Agency Terms & Conditions apply to all agency work undertaken by us for other solicitors and law firms on our behalf.

By briefing us, the Instructing Solicitor confirms acceptance of these terms.

1. Engagement

Our engagement is strictly with the solicitor or law firm with carriage of the matter (Instructing Solicitor).

No solicitor–client relationship is created between us and the client.

2. Scope of Agency Work

Our role is limited to the specific agency task(s) agreed in writing, including (without limitation) court appearances, mentions, directions hearings, filings, or short oral reporting.

We act on briefed instructions only. Strategic decisions, legal advice to the client, and overall conduct of the matter remain the responsibility of the Instructing Solicitor. Our role does not replace or assume the Instructing Solicitor’s expertise, preparation, or professional judgment.

3. Instructions

All substantive instructions must come from the Instructing Solicitor.

We do not accept instructions from the client or third parties.

If the client contacts us directly, we may refer them back to the Instructing Solicitor without taking further action.

We are entitled to rely on the accuracy, completeness, and currency of instructions and materials provided.

4. Fees and Billing

Unless otherwise agreed:

• • Agency work is charged on a minimum one (1) hour basis at our agency rate.
  • If time exceeds the first hour, additional time is charged in 15-minute increments at the same agency rate (pro-rata).

Chargeable time may include preparation, reading instructions, conferences with the Instructing Solicitor, court waiting time, appearance time, agreed travel time, and immediate follow-up or reporting.

5. Preparation and Additional Material

Preparation is chargeable where requested or reasonably required.

If further or additional material is provided after preparation has commenced or been billed, we may require payment in advance before reviewing that material.

If payment is not made, we accept no responsibility for failing to read, consider, or act on that material.

6. Warranties by the Instructing Solicitor

The Instructing Solicitor warrants that they:

• • have carriage and authority to brief us;
  • have appropriate expertise in the relevant area of law;
  • have provided all material facts, procedural history, orders, deadlines, and risks; and
  • will promptly notify us of any changes to instructions, listings, consent positions, or settlement.

7. Court Appearances and Limits of Responsibility

We will act consistently with the brief and instructions provided.

If the Court requires submissions or decisions beyond the scope of our instructions, we may seek a stand-down, request further instructions, seek an adjournment, or indicate that we appear as agent only.

No outcome is guaranteed.

8. Cancellation and Vacated Listings

If a listing is vacated, settled, adjourned or our services are cancelled for any reason after time has been reserved or preparation commenced, fees incurred may remain payable.

Where cancellation occurs within 24 hours of the scheduled appearance (or on the day), the full fee for the booked appearance may be charged at our discretion, having regard to time reserved, preparation undertaken, and inability to reallocate the booking.

9. Payment Terms

Invoices are payable as stated on the invoice or immediately where specified.
We may require pre-payment for urgent briefs, late material, or where there are payment concerns.

Our engagement is strictly with the instructing law firm and not with its client. Accordingly, the instructing firm is solely and unconditionally liable for payment of our invoices, irrespective of whether it has received payment from its client.

If payment is not received within 2 business days of the invoice being issued, our agency rates will no longer apply. In such circumstances, we reserve the right to revise our fees to our standard mention rate of $1,100 (incl. GST) per appearance, and issue an adjusted invoice accordingly.

For matters reasonably anticipated to exceed 1 hour, we require 2 hours’ fees to be held in trust prior to the appearance. Where funds are held in trust and the total time spent is less than anticipated, any surplus will be refunded within 2 business days. This requirement will be strictly enforced for firms with a history of delayed payment.

We reserve the right to decline or suspend further agency work if payment is not received, without responsibility for any resulting consequences.

All fees are inclusive of GST unless stated. (edited) 

10. Liability and Indemnity

To the maximum extent permitted by law, our liability is limited to the fees paid for the relevant agency task.

The Instructing Solicitor indemnifies us against all claims, complaints, costs orders, losses, or liabilities arising from:

• • incomplete or incorrect instructions or materials;
  • late provision of information or documents;
  • decisions or advice given by the Instructing Solicitor or client;
  • any allegation relating to advice we did not provide; and
  • our acting as agent on the brief.
    This indemnity includes any exposure to personal costs orders or regulatory complaints, except to the extent prohibited by law.

11. Confidentiality

All information is treated as confidential, subject to professional obligations and lawful requirements.

The Instructing Solicitor authorises necessary communications with the Court, registry, and opponents for the agency task.

By briefing us for agency work, the Instructing Solicitor confirms acceptance of these Agency Terms & Conditions.