Terms of use

1.1 Who we are. We are Flint Lawyers Pty Ltd (ABN 75 624 650 611; ACN 624 650 611), an incorporated legal practice located at Level 4, 501 La Trobe Street, Melbourne VIC 3000. In these Terms, “Flint Lawyers”, “we”, “us” and “our” mean Flint Lawyers Pty Ltd, and “you” and “your” mean the client named in our engagement documents for a matter.

1.2 What these Terms cover. These Terms set out how we provide legal services to you. They apply to your current matter and to any further matters on which you instruct us, unless we agree otherwise in writing. Together with the documents described in clause 3, they form our agreement with you.

1.3 How our documents fit together. Our agreement with you for a matter is made up of: (a) these Terms; (b) the Disclosure Statement and Costs Agreement, or short-form costs disclosure, that we provide for that matter (your Costs Agreement); and (c) any engagement letter, scope summary or written variation we agree for that matter. We intend these documents to be read together as one agreement.

1.4 If there is any inconsistency between these Terms and your Costs Agreement (or an engagement letter or written variation) for a particular matter, the matter-specific document prevails to the extent of the inconsistency. These Terms govern everything not dealt with in that document.

1.5 How you accept these Terms. You accept these Terms and your Costs Agreement when you do any of the following: sign and return the Costs Agreement; tell us in writing (including by email) that you accept; or continue to give us instructions after you receive them. Acceptance may be given electronically (see clause 14).

1.6 Plain language. We have written these Terms in plain language so that they are easy to understand. Headings and the summary boxes are included to help you navigate the document; they do not change the meaning of the Terms.

2.1 What we will do. We will provide the legal services described in your Costs Agreement or engagement letter for the matter, and any further services you ask us to provide and we agree to provide. The scope of our work is defined by those documents and by your instructions.

2.2 What is not included. Unless we expressly agree otherwise in writing, our work does not include:

• advice on the laws of any country other than the Commonwealth of Australia and the State of Victoria;
• taxation, accounting, financial, commercial or technical advice, or advice on the commercial merits or wisdom of a transaction or decision;
• monitoring or advising you about changes in the law, your circumstances or your documents after a matter has finished; and
• any matter outside the agreed scope, even if related to it.

2.3 Changes to scope. If the scope of your matter changes, or your instructions change in a way that significantly affects the work required, we will discuss this with you and, where required, give you a revised estimate of legal costs as soon as practicable. We will not carry out significant work outside the agreed scope without your instructions.

2.4 Our advice is for you and your matter. Our advice and documents are prepared for you and for the specific matter and purpose for which they are given. They are based on the facts, instructions and law as at the date they are given. You should not rely on our advice for any other purpose, and no other person may rely on it, without our written consent.

2.5 How we act for you. Unless required otherwise by our paramount duty, we will:

• act in your best interests in the matter,
• keep you reasonably informed of its progress, and
• follow your lawful, proper and competent instructions.

3.1 So that we can act effectively for you, you agree to:

• give us full, accurate and timely instructions and tell us promptly about any material change in your circumstances or instructions;
• give us, and not conceal from us, all documents and information relevant to the matter, and ensure that what you give us is true and not misleading;
• co-operate with us and do what we reasonably ask of you in a timely way, including providing the identity and other information described in clause 5;
• consider and respond to our advice and requests within a reasonable time; and
• pay our accounts, and provide any funds in advance, in accordance with your Costs Agreement and clause 4.

3.2 If you do not meet these responsibilities. If you do not meet these responsibilities, we may be unable to act effectively for you, our costs may increase, and we may be entitled to stop acting for you on the basis set out in clause 12.

4.1 How our fees are calculated. Our fees are calculated on the basis set out in your Costs Agreement, in accordance with the Uniform Law. Unless your Costs Agreement says otherwise, we charge based on the time we spend on your matter at the hourly rates of the people working on it, recorded in six-minute units. We will tell you of any change to our rates as soon as practicable after it occurs.

4.2 Any estimate of total legal costs we give you is our best assessment at the time, based on our current understanding of the matter. It is not a fixed quote and is not binding because the required work may change. If something occurs that significantly affects a previous estimate, we will provide a revised estimate as soon as practicable, as required by the Uniform Law.

4.3 In acting for you, we may incur expenses payable to third parties, such as court fees, barristers’ and experts’ fees, search and registration fees, travel, courier, and similar costs (“disbursements”). You must pay reasonable disbursements, plus any GST, on demand or at the end of the matter. We may ask you to pay funds in advance for disbursements, which we will hold in our trust account until the disbursement is payable. We will seek your instructions before incurring any unusual disbursement.

4.4 Our fees and disbursements are stated exclusive of GST unless we say otherwise. You must pay any GST payable on our taxable supplies to you, on receipt of a valid tax invoice.

4.5 When and how we bill. We will usually bill you monthly, and we may also bill at appropriate stages, such as on completion of a document or step. Our bills are payable within 14 days of the invoice date. You may receive an itemised bill on request within the time allowed by the Uniform Law.

4.6 Electronic bills. You consent to us giving you bills, and any notices relating to bills, electronically – including by email to an address you give us – in any manner permitted by rule 73 of the Legal Profession Uniform General Rules 2015. See also clause 14.

4.7 Interest on overdue accounts. If a bill remains unpaid 30 days after we give it to you, we may charge interest on the unpaid amount at a rate not exceeding the Reserve Bank of Australia Cash Rate Target (as at the date of the bill) plus 2% per annum, as permitted by the Uniform Law.

4.8 Trust money and advance payments. If we receive money into our trust account for you, you authorise us to withdraw from it to pay our legal costs in accordance with the Uniform Law and the Legal Profession Uniform General Rules 2015, after giving you any bill or notice required. We will give you a trust statement at the end of the matter. We may ask you to pay an amount in advance toward our fees or disbursements.

4.9 Retainers and other fee arrangements. We may agree with you to hold a fee retainer (a sum held on account of future fees and disbursements), or to use an alternative fee arrangement such as a fixed fee, a capped fee, a fee for defined stages, or a blended rate, where that suits your matter. If you would like to discuss a retainer or an alternative fee arrangement, please ask us. Any such arrangement will be recorded in your Costs Agreement or a written variation.

4.10 Your rights about costs. Your Costs Agreement sets out your rights under the Uniform Law in relation to legal costs, including your rights to negotiate a costs agreement and the billing method, to receive and request an itemised bill, to a written report on costs, to be told of significant changes, and to seek the assistance of the Victorian Legal Services Commissioner about a costs dispute. Those rights are not limited by these Terms.

5.1 Our status as a reporting entity. From 1 July 2026, law practices that provide certain services (“designated services”) are “reporting entities” under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (the AML/CTF Act), as amended by the Anti-Money Laundering and Counter-Terrorism Financing Amendment Act 2024 (Cth). Where we provide you a designated service, we are a reporting entity and must comply with the AML/CTF Act, the AML/CTF Rules and our own AML/CTF program.

5.2 Customer due diligence and “know your client”. Before we provide a designated service, and at times while we act for you, we are required to carry out customer due diligence. You agree to provide promptly, on our request, all information and documents we reasonably require to:

• verify your identity and the identity of any person who instructs us or acts on your behalf;
• identify and verify any beneficial owner of, or any person who ultimately owns or controls, you or the relevant transaction (ultimate beneficial ownership); and
• understand and, where required, verify your source of funds and source of wealth and the purpose and intended nature of the matter.

5.3 Keeping information current. You agree to promptly notify us if any information you have given us for these purposes changes, and to provide updated information when we ask, so that our records remain accurate and current.

5.4 If information is not provided. If you do not provide information we reasonably require, or if continuing to act for you would or might cause us to breach the AML/CTF Act or our AML/CTF program, we may decline to start or continue acting, and may suspend or end the engagement, consistent with our professional obligations and clause 12. To the extent permitted by law, we will not be liable to you for any loss arising from us doing so.

5.5 Reports to AUSTRAC and the “tipping off” prohibition. We may be required by law to report certain matters to the Australian Transaction Reports and Analysis Centre (AUSTRAC), including by making a suspicious matter report. The law restricts us from disclosing information about the existence or content of such a report or related AML/CTF information. This is commonly called the “tipping off” prohibition. Where it applies, we may be unable to tell you that a report has been made, to explain why we have or have not taken a particular step, or to act further, and you agree that we are not in breach of these Terms or our duties to you by complying with the law.

5.6 Use of AML information. Information you give us for these purposes is collected, used and disclosed only as permitted or required for our AML/CTF obligations and as set out in clause 6 and our Privacy Policy.

6.1 Privacy law. We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (the APPs), and our Privacy Policy, available at flint-lawyers.com.au.

6.2 What we collect and why. We collect, hold, use and disclose personal information – and, where relevant, sensitive information – in order to provide legal services to you, to run and administer your matter, to meet our legal and professional obligations, to manage our relationship with you and to bill you. We usually collect this information from you, but sometimes from others involved in your matter or from public records.

6.3 Identity and AML information. Personal information we collect for the identity, beneficial ownership and source-of-funds checks described in clause 5 is used and disclosed strictly to meet our obligations under the AML/CTF Act and related laws, and as otherwise permitted by the APPs.

6.4 Who we share information with. We may disclose your information, as reasonably necessary for your matter or to meet our obligations, to: people involved in the matter (such as barristers, experts, agents, the other side and the courts); our professional advisers, insurers and auditors; regulators and government agencies where required or permitted by law; and our service providers, including the technology providers described in clause 5. We do not sell your personal information.

6.5 Data security and our service providers. We take reasonable steps to protect personal information from misuse, interference, loss, and unauthorised access, modification, or disclosure. We endeavour to use reputable third-party cloud providers, artificial intelligence (“AI”) document management, and software-as-a-service providers to store and process information, and we put appropriate confidentiality and security arrangements in place with them.

6.6 Storage and cross-border disclosure. We aim to store and process personal information within Australia. Some of our service providers, including AI service providers, may store or process information outside Australia, or may be owned overseas. Where that occurs, we take reasonable steps, consistent with APP 8, to ensure the information is handled in a way that is consistent with the APPs. Our Privacy Policy contains further details.

6.7 Data breaches. We comply with the Notifiable Data Breaches scheme in Part IIIC of the Privacy Act 1988 (Cth). If a data breach involving your personal information is likely to result in serious harm, we will notify you and the Office of the Australian Information Commissioner as required by law and will take reasonable steps to contain and remediate the breach.

6.8 Access, correction and complaints. You may ask us to access or correct the personal information we hold about you, and you may make a privacy complaint by contacting us using the details in clause 21. Our Privacy Policy explains how to do this and how to lodge a complaint with the Office of the Australian Information Commissioner.

6.9 Separately from privacy law, we owe you a professional duty to keep your information confidential. We may use and disclose your confidential information only to act for you, where you consent, or where we are required or permitted by law or our professional obligations (including under clause 5). This duty continues after the matter ends.

7.1 Why we use AI. From time to time, and where appropriate, we use AI tools to assist with tasks such as legal research, drafting and document and contract analysis, so that we can provide advice commercially and efficiently. We endeavour to ensure that our AI service providers are reputable.

7.2 How we protect your information. To protect your confidentiality, we use enterprise-grade AI tools, which do not train on client data, and we redact sensitive and personal information where appropriate.

7.3 Lawyer supervision. All AI-assisted work remains subject to the supervision and professional judgment of our legal team. We remain responsible for the advice and documents we provide to you, and our fees reflect the expert review and verification we carry out.

8.1 Our materials. We own all intellectual property rights in the advice, documents, templates, precedents, systems, methods and know-how that we create or use in providing legal services, including drafts and working materials. This does not affect your ownership of documents and information that you give us, or of material in which you already own the rights.

8.2 Your licence to use our work. When you have paid our costs for the relevant work, we grant you a non-exclusive, non-transferable licence to use the final advice and documents we provide for the purpose for which we provided them in the matter. You may not use them for any other purpose, or allow others to rely on them, without our written consent.

8.3 Our know-how. Nothing in these Terms prevents us from using the general skills, experience and know-how we develop in acting for you in other matters, provided we do not disclose your confidential information.

9.1 Professional Standards Scheme. Our liability is limited by a scheme approved under Professional Standards Legislation. The applicable scheme is the Law Institute of Victoria Professional Standards Scheme, in force from time to time, made under the Professional Standards Act 2003 (Vic). The scheme limits the occupational liability of participating members to the monetary ceiling that applies under it. The scheme has its own terms, conditions and exclusions, and full details are available from the Law Institute of Victoria.

9.2 Consumer guarantees come first: Clauses 3 to 9.6 are subject to clause 10. Nothing in these Terms limits any liability that cannot lawfully be limited or excluded.

9.3 Cap on our liability. To the maximum extent permitted by law, and subject to the Professional Standards Scheme and clause 10, our total liability to you for all claims connected with a matter (whether in contract, in tort including negligence, under statute or otherwise) is limited to the greater of:

• the total professional fees (excluding GST and disbursements) that you have paid us for that matter; and
• any higher amount we record in your Costs Agreement for the matter.

This limit applies to all such claims in aggregate; however, they arise.

9.4 No liability for certain loss. To the maximum extent permitted by law, and subject to clause 10 We are not liable to you for any loss of profit, loss of revenue, loss of opportunity, loss of anticipated savings, or any indirect or consequential loss, arising out of or in connection with the matter.

9.5 Proportionate liability. Our liability is reduced to the extent that any loss is caused or contributed to by you or by a third party and is subject to any applicable laws about proportionate liability for apportionable claims.

9.6 Time for claims. To the extent permitted by law, any claim you have against us in connection with a matter must be commenced within the time allowed by law, and we are not liable for any claim made after that time.

9.7 Reasonable indemnity. You indemnify us against reasonable losses, liabilities and costs we incur to a third party, or in defending a claim by a third party, to the extent that they arise from your fraud or dishonesty, or false or misleading information you give us. This indemnity is reduced to the extent that our own negligence or breach caused or contributed to the loss and does not require you to indemnify us for our own wrongdoings.

10.1 Guarantees that cannot be excluded. Our services may come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) and other laws. Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that the law says cannot be excluded, restricted or modified – including the guarantee that our services will be provided with due care and skill (section 60 of the Australian Consumer Law). If there is any inconsistency between these Terms and those rights, those rights prevail.

10.2 Where we can limit liability. Where our services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, and to the extent permitted by section 64A of the Australian Consumer Law, our liability for failing to comply with a consumer guarantee (other than a guarantee that the law does not allow us to limit) is limited, at our option, to supplying the services again or paying the cost of having them supplied again.

11.1 Checking for conflicts. Before we accept a matter, and as it continues, we check for conflicts of interest in accordance with our professional obligations. You agree to give us the information we reasonably need to do this.

11.2 Acting for others. We act for many clients and may act for other clients whose interests differ from or compete with yours, provided we comply with our duties to you, including our duties of confidentiality and loyalty. Where appropriate, we put information barriers in place.

11.3 If a conflict arises. If a conflict of interest arises that we cannot properly manage, we may need to stop acting for you or for another client, consistently with our professional obligations and clause 12.

12.1 You may end the engagement. You may end our engagement at any time by written notice to us. If you do, you must pay our legal costs and disbursements for work done and commitments made up to the date the engagement ends.

12.2 When we may stop acting. Consistently with rule 13 of the Conduct Rules, we will continue to act for you in a matter until it is completed unless: you agree otherwise; you end the engagement; the engagement ends by operation of law; or we end the engagement for just cause and on reasonable notice. “Just cause” includes, for example:

• a breakdown in the relationship of trust and confidence between us;
• your failure to give proper instructions, to pay our costs, to provide funds in advance, or to provide information we require (including under clause 5);
• a conflict of interest that we cannot properly manage;
• circumstances in which continuing to act would, or might, require us to breach the law or our professional duties; or
• your insolvency, or your asking us to act improperly or unlawfully.

12.3 Immediate steps where the law requires. Despite clause 2, we may suspend or stop acting immediately, or decline to take a step, where the law or our professional obligations require us to do so (for example, under the AML/CTF Act or to avoid a conflict or illegality). In that case, the notice that is “reasonable” may be short or, where the law requires immediate action, none.

12.4 What happens when the engagement ends. When the engagement ends for any reason: we will take reasonable steps to remove ourselves from the court record in any proceeding; we will give you a final bill for all outstanding costs and disbursements; you must pay our costs and disbursements up to the date the engagement ends; and we deal with your file as set out in clause 13, including any lien for unpaid costs.

12.5 Clauses that continue. Clauses that by their nature are intended to continue after the engagement ends including clauses 4(to the extent of unpaid amounts), 6, 8, 9, 10, 13, 17 and 18 – continue to apply.

13.1 Two kinds of documents. Documents connected with your matter fall into two categories:

• “Client Documents” – documents that belong to you, including documents you give us, documents we receive or create on your behalf as your agent, and final documents we prepare for you and for which you have paid; and
• “Firm Documents” – documents we create for our own purposes or record-keeping, including our internal file notes, working papers, research, drafts, our copies of correspondence, and our precedents and know-how. Firm Documents remain our property.

13.2 Giving you your documents. When our engagement ends, we will, on your request and in accordance with rule 14 of the Conduct Rules, give you (or a person you authorise) your Client Documents – or, where they are electronic, copies of them – as soon as reasonably possible. This is subject to our lien under clause 13.3 and to any obligation we have to retain documents under the law.

13.3 Our lien for unpaid costs. If any of our costs or disbursements remain unpaid, we may exercise a solicitor’s lien – a right recognised at common law – to retain your file and documents until our costs are paid. We will exercise this right consistently with our professional obligations.

13.4 How long we keep your file. Unless we agree otherwise with you in writing, or the law requires us to keep documents for longer, we may destroy your file and the documents in it seven years after the date of our final bill for the matter, in a secure and confidential way, and in accordance with our document-retention policy and any applicable legal or regulatory requirements. If you want us to keep your file for longer, or to return documents to you at the end of the matter, please tell us in writing.

13.5 Copies and retrieval. We may keep copies (including electronic copies) of documents we give to you or destroy. We may charge you our reasonable costs of retrieving, copying or delivering documents from storage.

14.1 Electronic communications and notices. You consent to us sending you communications, notices, bills and documents electronically, including by email and by secure links, to the contact details you give us. You agree that this satisfies any requirement for those things to be in writing or to be given to you.

14.2 Electronic signing. You consent to entering into your Costs Agreement, these Terms and other documents for your matter by electronic signature – for example using DocuSign or Adobe Sign, or by replying electronically to confirm your agreement. You agree that an electronic signature satisfies any requirement for a signature, consistently with section 9 of the Electronic Transactions (Victoria) Act 2000. Some documents (such as certain deeds) may need to be signed in a particular way, and we will tell you if that applies.

14.3 Risks of electronic communication. Electronic communications can be intercepted, delayed, corrupted or affected by malware, and we are not responsible for these risks beyond taking reasonable security measures. If a communication is important or time-critical, please confirm we have received it.

14.4 Protecting against payment fraud. Cyber-criminals sometimes try to redirect payments by sending fake emails that look like they come from us. We will not change our bank account details by email during your matter. Before you transfer any money to us, please verify our bank account details with us by telephone using a number you know to be correct. To the extent permitted by law, we are not responsible for loss you suffer by acting on payment details that did not in fact come from us.

14.5 When communications are received. An electronic communication is taken to be received when it enters the recipient’s information system or, if sent to a nominated address, when it becomes capable of being retrieved, subject to the Electronic Transactions (Victoria) Act 2000.

15.1 Talk to us first. If you have a concern or a dispute about our services or these Terms, please raise it with us first, using the details in clause 21, so that we can try to resolve it quickly and informally.

15.2 Negotiation before litigation. If a dispute is not resolved, you and we agree to try in good faith to resolve it by negotiation between senior representatives before starting court proceedings. If negotiation does not resolve the dispute within a reasonable time, you and we will consider referring it to mediation administered by a recognised mediation body before litigating.

15.3 Urgent relief and recovery of costs. Nothing in this clause prevents either of us from seeking urgent injunctive or other interlocutory relief from a court or prevents us from taking steps to recover unpaid costs.

15.4 Costs disputes. If your concern is about our legal costs, you also have the rights described in your Costs Agreement and clause 16, including the right to seek the assistance of the Victorian Legal Services Commissioner and to seek a costs assessment under the Uniform Law.

16.1 We take complaints seriously. We want you to be satisfied with our services. If you are not, please tell us. You can raise a complaint with the person responsible for your matter or with our principal contact, Julian Phillips, using the details in clause 21. We will acknowledge your complaint, look into it promptly and fairly, and tell you the outcome.

16.2 The Victorian Legal Services Board and Commissioner. If you are not satisfied with how we deal with your complaint, you may make a complaint to the Victorian Legal Services Board and Commissioner (VLSB+C), the body that regulates lawyers in Victoria under the Uniform Law. The VLSB+C can deal with both consumer matters (including costs disputes) and disciplinary matters. You can find out how to make a complaint, and any time limits that apply, at the VLSB+C website.

17.1 Governing law. These Terms, your Costs Agreement and our engagement are governed by the laws of the State of Victoria and the Commonwealth of Australia.

17.2 You and we submit to the non-exclusive jurisdiction of the courts of Victoria and the courts that hear appeals from them, and agree not to object to proceedings being brought in those courts on the ground of inconvenient forum.

18.1 Entire agreement. These Terms, together with your Costs Agreement and any engagement letter or written variation for the matter, make up the entire agreement between you and us about the matter, and replace any earlier understanding about it.

18.2 Changes to these Terms. We may update these Terms from time to time. The current version is available at www.flint-lawyers.com.au and applies to new matters from the date it takes effect. For a matter that has already commenced, any significant change will be notified to you and will not affect rights or obligations that have already accrued; changes that benefit you, or that are required by law, apply automatically. Otherwise, these Terms may only be varied in writing.

18.3 If a part is unenforceable. If any part of these Terms is or becomes invalid or unenforceable, that part is read down or severed to the minimum extent necessary, and the rest of the Terms continues to apply.

18.4 No waiver. If we do not insist on strict performance of these Terms, or delay in exercising a right, that is not a waiver of the term or right and does not prevent us from enforcing it later.

18.5 You may not transfer your rights or obligations under these Terms without our written consent. We may transfer our rights and perform our obligations through related entities, employees, and contractors, provided that your rights are not adversely affected.

18.6 Notices under these Terms must be in writing and may be given electronically in accordance with clause 14. A notice to us should be sent to the contact details in the clause 21.

18.7 Your Costs Agreement and any document for your matter may be signed in counterparts (including electronically), each of which is an original and which together form one document.

19.1 Accessible formats. We want these Terms to be accessible to everyone. If you would find it helpful to receive these Terms or other documents in a different format – for example, a larger-print version, a plain-text version compatible with a screen reader, or another accessible format – please ask us and we will do our best to provide it.

19.2 Language and support. If English is not your first language, or you would like additional support to understand these Terms or your matter, please tell us so that we can make appropriate arrangements, including arranging an interpreter where needed.

20.1 In these Terms: AML/CTF Act means the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth); APPs means the Australian Privacy Principles in the Privacy Act 1988 (Cth); Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth); Conduct Rules means the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015; Costs Agreement means the disclosure statement and costs agreement, or short-form costs disclosure, we provide for a matter; matter means a matter on which you instruct us; and Uniform Law means the Legal Profession Uniform Law as applied in Victoria.

20.2 In these Terms, a reference to a law includes that law as amended or replaced from time to time; the singular includes the plural and the reverse; “including” and similar words are not words of limitation; and headings and summary boxes are for convenience only and do not affect interpretation.