Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your use of legal services provided by Aurora Legal Solutions Pty Ltd (ABN [TO BE COMPLETED]) ("Aurora Legal", "we", "us", or "our"). By engaging our services, accessing our website, or communicating with us, you agree to be bound by these Terms.

If you do not agree to these Terms, please do not engage our services or use our website.

2. Scope of Legal Services

2.1 Services Provided

Aurora Legal Solutions provides legal services in the following areas:

• Commercial and Corporate Law
• Mining and Resources Law
• Wills, Estates, and Succession Planning
• Property and Conveyancing
• Family Law
• Employment Law
• Immigration Law
• Criminal Law
• Debt Recovery and Litigation

2.2 No Solicitor-Client Relationship

Accessing our website, reading our content, or making initial contact does not create a solicitor-client relationship. A formal engagement only begins when:

• We provide you with a written Costs Agreement or Engagement Letter
• You accept the terms of engagement in writing
• We confirm acceptance of your matter

2.3 Right to Decline Engagement

We reserve the right to decline any engagement for any reason, including but not limited to:

• Conflict of interest
• Lack of expertise in the specific area
• Insufficient resources or capacity
• Matters outside our practice areas

3. Costs and Fees

3.1 Costs Agreement

All clients will receive a Costs Agreement in accordance with the Legal Profession Uniform Law (WA) and the Legal Profession Uniform General Rules 2015. This agreement will specify:

• Basis of charges (hourly rates, fixed fees, or contingency)
• Estimated costs (where reasonably possible)
• Billing arrangements and payment terms
• Disbursements and third-party costs
• GST and other applicable taxes

3.2 Payment Terms

Unless otherwise agreed in writing:

• Invoices are payable within 7 days of issue
• Interest may be charged on overdue accounts at the rate specified in your Costs Agreement
• We may cease work if accounts remain unpaid beyond agreed terms
• We may retain your files until all fees are paid (subject to legal and ethical obligations)

3.3 Disbursements

You are responsible for all disbursements incurred in your matter, including:

• Court filing fees
• Barristers' fees
• Expert witness fees
• Search fees and government charges
• Travel and accommodation expenses
• Photocopying and document production costs

3.4 Trust Account

We maintain a trust account in accordance with the Legal Profession Uniform Law. Funds held in trust are subject to:

• Proper accounting and record-keeping
• Regular trust account statements
• Audit requirements under legal profession legislation
• Interest on trust funds as per statutory requirements

4. Client Obligations

4.1 Instructions and Information

You agree to:

• Provide clear, accurate, and timely instructions
• Disclose all relevant information and documents
• Respond promptly to our requests for information
• Notify us immediately of any changes to your circumstances
• Keep us informed of your contact details

4.2 Truthfulness and Accuracy

You warrant that all information provided to us is true, accurate, and complete to the best of your knowledge. Providing false or misleading information may:

• Compromise your legal matter
• Result in termination of our engagement
• Expose you to legal liability
• Affect the validity of any legal advice given

4.3 Compliance with Advice

While we provide professional legal advice, the ultimate decisions regarding your matter rest with you. You acknowledge that:

• Failure to follow our advice may adversely affect your matter
• We are not responsible for outcomes arising from decisions made against our advice
• You have the right to seek a second opinion

5. Confidentiality and Privacy

5.1 Solicitor-Client Confidentiality

We are bound by strict duties of confidentiality under:

• Common law and equity
• Legal professional privilege
• Australian Solicitors' Conduct Rules 2015
• Privacy Act 1988 (Cth)

5.2 Privacy Policy

Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which forms part of these Terms.

5.3 Exceptions to Confidentiality

We may disclose confidential information without your consent where:

• Required by law or court order
• Necessary to prevent serious harm or crime
• Required for professional indemnity insurance purposes
• Necessary to defend ourselves against allegations of professional misconduct
• Required by law society or professional regulatory bodies

6. Communications

6.1 Electronic Communications

We may communicate with you via email, phone, video conference, or other electronic means. You acknowledge that:

• Electronic communications may not be secure
• We take reasonable precautions to protect confidential information
• You accept the risks associated with electronic communications
• You can request alternative communication methods

6.2 Response Times

We endeavour to respond to communications within 2 business days. However, response times may vary depending on:

• Complexity and urgency of your matter
• Court commitments and other obligations
• Leave periods and public holidays
• Availability of relevant personnel

7. Conflicts of Interest

7.1 Duty to Avoid Conflicts

We have a professional obligation to avoid conflicts of interest. We will:

• Conduct conflict checks before accepting new matters
• Disclose any potential conflicts immediately
• Cease acting if a conflict arises during the engagement
• Maintain appropriate information barriers where permitted

7.2 Related Parties

A conflict may arise where we have previously acted for:

• Another party to your transaction or dispute
• A related entity or individual
• An opposing party in a substantially related matter

8. Limitation of Liability

8.1 Professional Indemnity Insurance

We maintain professional indemnity insurance as required by the Legal Profession Uniform Law. Details of our insurance coverage can be provided upon request.

8.2 Scope of Liability

To the maximum extent permitted by law:

• Our liability is limited to the amount recoverable under our professional indemnity insurance
• We are not liable for indirect or consequential losses
• We are not responsible for advice or work performed by third parties
• We are not liable for losses arising from your failure to follow advice

8.3 Time Limitation

Any claim against us must be brought within the time limits prescribed by the Limitation Act 2005 (WA) and other applicable limitation statutes.

9. Termination of Engagement

9.1 Termination by Client

You may terminate our engagement at any time by providing written notice. Upon termination:

• You remain liable for all fees and disbursements incurred to the date of termination
• We will provide your file upon payment of outstanding fees (subject to legal obligations)
• We may retain copies of documents for our records
• You should engage alternative legal representation immediately

9.2 Termination by Aurora Legal

We may terminate the engagement in circumstances including:

• Non-payment of fees despite reasonable notice
• Loss of confidence or trust in the solicitor-client relationship
• Conflict of interest that cannot be resolved
• Receipt of instructions to act contrary to law or ethics
• Failure to provide necessary instructions or information
• Breakdown in communication

We will provide reasonable notice where possible and assist with transition to new legal representation.

10. File Retention and Destruction

10.1 Retention Period

We retain client files for a minimum of 7 years from the completion of the matter, in accordance with the Legal Profession Uniform Law.

10.2 File Destruction

After the retention period expires, files may be destroyed in accordance with our file management procedures. We will:

• Notify you before destroying files where reasonably practicable
• Provide opportunity to collect original documents
• Securely destroy documents containing personal or confidential information

10.3 Original Documents

We recommend you collect original documents (e.g., wills, deeds, certificates) promptly upon completion of your matter. Original documents left with us are held at your risk.

11. Complaints and Dispute Resolution

11.1 Internal Complaints Process

If you are dissatisfied with our services, please contact us immediately. We have an internal complaints process to address concerns fairly and promptly.

11.2 External Complaints

If we cannot resolve your complaint internally, you may lodge a complaint with:

Legal Services and Complaints Committee
Law Society of Western Australia
Level 4, 160 St Georges Terrace
Perth WA 6000
Phone: (08) 9324 8600
Website: www.lawsocietywa.asn.au

11.3 Costs Disputes

Disputes about legal costs may be referred to costs assessment under Part 4.3 of the Legal Profession Uniform Law.

12. Website Terms of Use

12.1 General Information Only

Information on our website is provided for general information purposes only and does not constitute legal advice. You should not rely on website content without seeking specific legal advice for your circumstances.

12.2 No Warranty

While we endeavour to keep website information current and accurate, we make no warranties or representations about:

• Accuracy, completeness, or currency of content
• Suitability of information for your purposes
• Availability or functionality of the website

12.3 Third-Party Links

Our website may contain links to third-party websites. We are not responsible for the content, accuracy, or practices of external sites.

12.4 Intellectual Property

All content on our website, including text, images, logos, and design elements, is protected by copyright and other intellectual property rights. You may not reproduce, distribute, or modify website content without our written permission.

13. Professional Obligations

13.1 Regulatory Framework

We are regulated by and comply with:

• Legal Profession Uniform Law (WA)
• Legal Profession Uniform General Rules 2015
• Australian Solicitors' Conduct Rules 2015
• Law Society of Western Australia practice directions

13.2 Continuing Professional Development

Our solicitors maintain professional competence through ongoing education and training as required by professional regulations.

14. Governing Law

These Terms are governed by the laws of Western Australia and the Commonwealth of Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of Western Australia.

15. Amendments

We may update these Terms from time to time. Updated terms will be posted on our website with a new "Last Updated" date. Continued engagement of our services after amendments constitutes acceptance of the revised Terms.

16. Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision shall be severed and the remaining provisions shall remain in full force and effect.

17. Acknowledgment

By engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.