Our conveyancing services are offered by Elementary Consulting Pty Ltd ACN 128 093 792 as trustee for McDonagh Family Trust trading as Elemental Legal (Elemental Legal).
These terms and conditions are to be read in conjunction with our costs disclosure which you agreed to when submitting your instructions either online via the website forms or in conference.
You confirm that the instructions submitted by you are correct to the best of your knowledge, and, if we are acting for more than one, all of you confirm the instructions and understand you are responsible for costs together and separately.
How we will provide services
We will mainly communicate with you by email. At our end we will treat the information you submit in confidence.
Elemental Legal utilises various cloud based third party providers to ensure the efficiency of the legal practice and cyber security is an ongoing threat so no communication can be completely guaranteed.
Elemental Legal will require you to use a password protected email account to communicate with us and note that anything forwarded to us is done so at your own risk.
Elemental Legal will retain your documents in digital format for 7 years after the completion of the matter and can provide it to you upon request. If you provide any paper document, we will scan it and return it to you as soon as we can.
We will perform the work required to be carried out with professional skill and care. We will keep you informed of the progress of your conveyancing matter.
We do not provide taxation or financial advice and recommend you seek the advice of your accountant or financial advisor if necessary.
You will provide us with any further instructions when required promptly.
You will keep us informed during the matter of any change of your situation which may alter the instructions you need to give us.
You may terminate this agreement at any time.
We may terminate this agreement without notice to you upon the following grounds if you:
- Fail to give us complete instructions for us to act in a reasonable time.
- Give us intentionally misleading and false instructions.
- Give us information that shows conflict where we are acting for more than one party.
- Instruct another law firm to act for you without our knowledge.
- Fail to pay our invoices or deposit money into our trust account as required.
- Act in a manner which makes the continuation of our lawyer-client relationship not possible.
- Lose capacity or lose confidence in us.
If this agreement is terminated by you or us, you will be required to pay our professional fees and disbursements, as determined by us, up to the date of termination.
To the extent permitted by law, Elemental Legal accepts no responsibility and excludes all liability to you on any basis (including negligence) for any loss or damage however caused, which you may suffer in relation to this agreement.
Any liability of Elemental Legal in connection with this agreement under any statutory right (including any condition or warranty implied by law or any guarantee or other right under any statute) that cannot be excluded is limited at the option of Elemental Legal to fees payable by you under this agreement.
When we act for more than one of you
We are allowed to act for clients jointly only when their interests are not in conflict. We assume that each of you has authorised the other to give instructions on behalf of both or all of you. You will all, individually and separately, be liable for payment of our fees and disbursements.
If acting for you jointly note:
1. We will always act in each of your best interests and will not favour the interests of one of you over the interests of another or allow anything to interfere with our duty to each of you or our judgement on your behalf. If we are unable to fulfill this, we will cease to act for both or all of you.
2. If we receive information from any source that makes it clear that we are in conflict by acting for you jointly, we will cease acting for both or all of you and advise you of the termination of our retainer.
Elemental Legal may, in its absolute discretion, change these terms and conditions from time to time without notice to you.
If any part of these terms and conditions is void, then the part that is void may be severed.
These terms and conditions are governed by the laws of Victoria, Australia excluding any local laws applicable to you that cannot be excluded.
up to 120 pages
The best way to find out about any risks before you commit.
Saves you buying a lemon!
For a simple, fast and effective move