Disclosure Notice

DISCLOSURE NOTICE - S 308 LEGAL PROFESSION ACT 2007 (QLD)

Scope of work: Drawing an application for probate and affidavits in support of the same (if the deceased person left a Will) or an application for letters of administration and affidavits in support of the same (if the deceased person left no Will) based upon the information and instructions provided to us by you, providing the documents drawn to you for your execution before a third-party qualified witness, and filing the application in the Court upon your return to us of the validly executed application and supporting documents. Our scope of work is limited solely to the foregoing and excludes providing advice, assistance or representation in relation to any other aspect of the deceased’s estate (for example, the administration of the deceased’s estate or any actual or prospective dispute in connection with the deceased’s estate).

Firm: Piccardi Legal Pty Ltd 140 342 776 of 136 Bay Terrace, Wynnum QLD 4178

LEGAL FEES - YOUR RIGHTS

You have the right to:

Negotiate a costs agreement with us;
Receive a bill of costs from us;
Request an itemised bill of costs after you receive a lump sum bill from us;
Request written reports about the progress of your matter and the costs incurred in your matter;
Apply for costs to be assessed within 12 months if you are unhappy with our costs (see para 1.4 below);
Apply for the costs agreement to be set aside (see para 1.4 below);
Accept or reject any offer we make for an interstate costs law to apply to your matter (see para 1.3 below);
Notify us that you require an interstate costs law to apply to your matter (see para 1.3 below); and
Be notified of any substantial change in the matters disclosed in this Notice.

This Disclosure Notice provides you with information about our legal services, the cost of those services and your rights. 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 the Queensland Law Society or download it from their website at www.qls.com.au.

The law of Queensland will apply to the proposed costs agreement. You have the right enter into a costs agreement with us on the basis that a corresponding law of another state or territory is applicable such as where the legal services are or will be completely or primarily provided in, or where the matter has a substantial connection with that other state or territory. Further you have the right in certain circumstances to notify us in writing in accordance with the time limits of the corresponding law that you require the law of another jurisdiction to apply.

The following avenues are open to you under the terms of the Legal Profession Act 2007 (Qld) in the event of a dispute in relation to legal costs

To apply for a costs assessment within 12 months of delivery of a bill or request for payment or such extended time as may be permitted by the court or costs assessor after considering the reason for the delay (except sophisticated clients as defined in the LPAQ)

To apply to set aside the costs agreement within six years or other times as the law permits.

HOW THIS FIRM CHARGES

There are a several bases by which legal practices charge for professional services rendered including itemised scale fees, statutory scales, task based fees, fixed fees and conditional fee arrangements which may include an uplift fee. These different methods of charging may result in different fees payable. The basis on which legal costs will be calculated as follows:

If the application for probate or letters of administration completed and granted by the Court without complications, we estimate that your professional fees and disbursements will be as follows:

Professional fees:

If you have chosen our Express Probate Service: $1,499 inclusive of GST

If you have chosen our Premium Probate Service: $2,499 inclusive of GST

Outlays:

For all Queensland applications for probate or letters of administration:

Advertising fee of $161.70; and

Court filing fee of $819.90.

For all NSW applications for probate or letters of administration:

Advertising fee of $57.00; and

Court filing fee based on the gross value of NSW assets in the deceased’s estate, as follows:

up to $99,999.99 assets: $0
$100,000–$249,999.99 assets: $921.00
$250,000–$499,999.99 assets: $1,250.00
$500,000–$999,999.99 assets: $1,918.00
$1,000,000–$1,999,999.99 assets: $2,555.00
$2,000,000–$4,999,999.99 assets: $4,258.00
more than $4,999,999.99 assets: $7,099.00

For all Victorian applications for probate or letters of administration:

Advertising fee of $57.00; and

Court filing fee based on the gross value of Victorian assets in the deceased’s estate, as follows:

up to $249,999.99 assets: $0
$250,000.00–$499,999.99 assets: $529.50
$500,000–$999,999.99 assets: $1,059.00
$1,000,000–$1,999,999.99 assets: $2,471.10
$2,000,000–$2,999,999.99 assets: $4,942.10
$3,000,000.00–$4,999,999.99 assets: $7,396.40
$5,000,000.00–$6,999,999.99 assets: $12,355.40
more than $6,999,999.99 assets: $17,297.50

All other work (if any) performed charged be as an amount calculated by reference to the amount of time spent attending to your matter. Our hourly charge rates inclusive of GST are:

Tony Piccardi, Solicitor

Megan Piccardi, Solicitor

Trish Wright, Solicitor

Frank Dzelalija, Solicitor

Matthew Love, Solicitor

Alexander Prior, Solicitor

Jamie Earle, Solicitor

Anastasia Bowell, Paralegal

Hannah Rowe, Paralegal

Brooke Clements, Paralegal

Harper Plant, Paralegal

$550.00

$350.00

$242.00

Time will be charged in 6 minute intervals – with six minutes being the minimum interval recorded for professional services. For example the time charged for an attendance of up to six minutes will be one unit and the time charged for an attendance between six and twelve minutes will be two units.

Expenses and disbursements are sums of money which this firm pays (or becomes liable to pay) to others on your behalf. These may include, for example:

Search or Enquiry fees
Court and other filing fees
Transaction specific banking charges
Process servers and investigators
Clinical records from hospitals
Medical, experts’ reports and/or other external consultants
Witnesses fees and expenses
Postage courier and messengers
Transcripts charges
Other law practice fees (including barrister’s fees)
Travel expenses and accommodation costs

This firm will inform you of these expenses and disbursements as well as any other payments required to be made, as soon as is reasonably practicable.

All rates, charges, expenses, etc in this document are GST inclusive.

ESTIMATE OF YOUR COSTS

The following estimate is based on the information available to this firm to date. It is an estimate, not a quotation and subject to change.

We estimate your total legal costs including GST as $1,499.00 (if you have chosen our Express Probate Service) to $2,499.00 (if you have chosen our Premium Probate Service) for legal professional costs and $57.00–$17,354.50 for outlays (in accordance with the above schedules of outlays for the relevant state or territory)

Examples of variables that will affect the calculation of those costs are:-

Time and cost to gather relevant documentary evidence;
Issues which arise which may require receipt of further instructions from you;
The extent to which we are required to deal with correspondence, documentation and telephone attendances;
The conduct of the other parties and their legal representatives;
The length of time required to prepare and confer with people;
The length of time required to peruse documents;
The length of time of any hearing or waiting for a matter to be heard;
Time and distance for travelling;
The time it may take to obtain instructions from you and the time taken to discuss issues throughout the matter.

We will inform you as soon as possible after we become aware that my costs will exceed any estimate we have given and will provide you with a fresh estimate.

BILLING, INTEREST CHARGES AND CONTACT PERSON

Bills will be sent to you containing information of professional fees, other charges, disbursements and expenses and GST and will usually be issued to you monthly or upon the completion of what we consider to be a billing event (for example upon a Grant of Probate or Letters of Administration being issued by the Court).

If bills remain unpaid for 30 days of becoming due for payment, interest may be charged on the unpaid amount at a benchmark rate being the rate prescribed by regulations under the Legal Profession Act 2007 which is the rate that is equal to the Cash Rate Target, as defined by the regulations to the LPA, plus two percentage points as at the date of the bill.

In the event that you do not pay this firm’s account the proposed costs agreement entitles the exercise of a solicitor’s lien. The lien allows us to retain all your documents and funds in trust until the account is paid.

You may contact Tony Piccardi of our office regarding your legal costs.

SUBSTANTIAL CHANGES TO DISCLOSURE

You will be informed, as soon as is reasonably practicable, of any substantial changes to anything contained in this disclosure document.

ENGAGEMENT OF ANOTHER LAW PRACTICE (EG BARRISTER)

It the event that this legal practice engages on your behalf another law practice to provide specialist advice (e.g. a barrister) or services you will be advised.

ENDING ARRANGEMENTS

You may end our engagement by written notice however you remain liable for the legal costs up until that time. If you do not pay monies in accordance with the costs agreement, this firm may suspend work and may cease acting for you.

COSTS IN COURT PROCEEDINGS

If your matter involves family law Court proceedings or involve a Domestic Violence matter, you are liable to pay your own legal fees and costs, except in extremely limited and exceptional circumstances.

If the matter includes general litigation or an award for costs and you are successful you may recover some of the fees and costs incurred. Generally these will be between half and two thirds of your fees, See the relevant Court scale for an indication. If you are not successful in general litigation you may have to pay the other party’s costs on the same basis

If you are unsuccessful in the litigation you may be ordered to pay the other parties costs. Generally, these will be between half and two thirds of the other parties fees. This will be in addition to your own legal costs. These fractions are merely estimates.

If settlement of your claim is being resolved by alternate dispute resolution, prior to any agreement resolving the matter we will provide you with a reasonable estimate of our costs payable by you on settlement, a reasonable estimate of the costs you would obtain from the other party on settlement if the settlement is favourable to you or a reasonable estimate of the costs you may have to pay the other party.

ACKNOWLEDGEMENT

By submitting a questionnaire through our website you acknowledge that you have read and understood the contents of this Disclosure Notice.