MYVISA LAWYERS
Costs Disclosure and Costs Agreement
1. Introduction
This document constitutes a Costs Disclosure and Costs Agreement in compliance with the Legal Profession Uniform Law (NSW) and related regulations. It sets out the fees, payment terms, and obligations for legal services provided by MyVisa Lawyers.
By agreeing to this document, you acknowledge your understanding and acceptance of these terms.
2. Scope of Work
We will provide professional legal services for the preparation and lodgement of immigration-related applications, including but not limited to:
- Visa applications
- Citizenship applications
- Interim applications or related matters
- In the case of court litigation, there is an additional fourth step, which is appearance before a court. Similarly, for a review application before the Administrative Review Tribunal (ART), there is a fourth milestone, as stated in the proposal sent to you separately.
The specific matter to which this agreement relates is set out in the proposal sent to you separately.
The work will be completed in the following milestones:
- Strategy Finalisation
- Application Preparation
- Application Lodgement
- (If applicable) Court Appearance or ART Hearing
3. Fee Structure
The fixed professional fees for each milestone are specified in the proposal sent to you separately. Any incidental fees (excluding professional fees) applicable to your matter are also set out in the proposal sent to you separately.
All professional and incidental fees are exclusive of GST, and GST will be applied at the prevailing rate.
4. Disbursements
Disbursements, such as government fees and application charges, will be advanced by the firm and reimbursed by you within seven (7) days of being invoiced. No funds will be held in a trust account.
5. Payment Terms
- Payment for each milestone is due in arrears, upon completion of that milestone.
- Interest on overdue payments will apply at the rate set by the Australian Taxation Office (ATO) for overdue payments, but only after written notice is provided to you.
6. Additional Monitoring Fee
If the representation extends beyond twelve (12) months due to circumstances outside of our control (e.g., delays in the finalisation of your application by government authorities), an additional monthly monitoring fee of $165 (exclusive of GST) may apply.
This amount will typically be invoiced at the end of the calendar year. Where no decision is received and clients have been otherwise fully compliant and prompt with all payments, a further grace period of three (3) months will typically be offered before the fee is applied.
7. Cooling-Off Period
You have a five (5) business day cooling-off period from the date of agreeing to this document and the associated proposal. During this time, you may cancel the agreement without penalty by notifying us in writing.
The cooling-off period does not apply to matters requiring urgent legal advice, urgent drafting, or urgent lodgement where work is required to commence within the next two (2) business days.
8. Refund Policy
Refunds for professional fees or disbursements will be considered on a case-by-case basis if services are not provided as agreed or if advice is incorrect in any substantial way. Any approved refunds will be processed within seven (7) days of a written request.
9. Dispute Resolution
If you have a concern regarding our services or fees:
- Submit your concerns in writing to the Practice Manager at practice.manager@myvisa.com.au.
- If unresolved, escalate the matter to the Practice Director at director@myvisa.com.au.
- If still unresolved, the parties agree to consult an accredited specialist in immigration law for guidance.
- If the issue remains unresolved, you may contact the Office of the Legal Services Commissioner (NSW):
- Phone: 1300 795 265
- Website: www.olsc.nsw.gov.au
- Address: Level 9, 75 Castlereagh Street, Sydney NSW 2000
10. Updates to this Agreement
This agreement is a static document and may be updated from time to time to meet ongoing compliance obligations under the Legal Profession Uniform Law (NSW). However, any updates to this document will not financially disadvantage clients who have already agreed to a prior version in conjunction with a proposal.
11. Acceptance
You may indicate your acceptance of this agreement by:
- Signing and returning the proposal,
- Making payment, or
- Providing further instructions.
By accepting, you confirm you have read, understood, and agreed to this Costs Disclosure and Costs Agreement and the terms outlined in the proposal.