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Terms of Engagement

Unless otherwise agreed on, payment terms are as follows:

  1. Rates are effective for three (3) months from the date of the fee proposal and may be adjusted after this time by written notice seven (7) days in advance. If the client rejects any Rate increase the Company is entitled to cease work and invoice the client for Work performed to that date.
  2. By executing this agreement the client accepts the Fee Estimate and Calculation of Fees.
  3. Fees can be paid by cheque or direct debit.
  4. Terms of payment are net seven (7) days from date of invoice.
  5. All time as required work will be invoiced at the end of the month.
  6. Where the work is undertaken in stages or is paused at the request of the Client, an invoice will be issued for work up to that stage.
  7. Fixed fee matters are to be paid prior to lodgment, as referred to in the Professional Fess section of this package.
  8. The deposit paid will be deducted from the final invoice.
  9. Application fees and MPL Levy fees for the Planning Permit are due at the time of lodgement and payable by the client.
  10. Application for Review fees and all variations are levied at the end of each month.
  11. Should the Client default in the payment of any monies due under this agreement then all moneys due to the Company shall immediately become due and payable by the Client.
  12. Interest will accrue on any overdue amounts at 1.5% per month and will be payable on demand.
  13. Any reasonable expenses, costs or disbursements incurred by the Company in recovering any outstanding monies (Including debt collection agency fees, solicitors and/or VCAT costs) shall be paid by the Client on an indemnity basis.
  14. An agreement, representation or warranty on the part of two or more persons is for the benefit of them jointly and severally. 
  15. Pending payment of any outstanding amount by the Client to the Company, we shall retain a lien over all documents provided by the Client to the Company.
  16. In the case of a Trust Company we acknowledge that the Trustees shall be liable on the account and that in addition the assets of the trust shall be available to meet payment of the account.

The Agreement

  1. The Client hereby agrees that the information comprised in the Authority to Commence Work form is true and correct and is supplied for the purpose of obtaining services from the Company.
  2. The Client agrees that the person or person’s signature/s appearing on this agreement are duly authorised by the Client to apply for services and execute this agreement.
  3. The Client agrees to abide to the terms and conditions of this agreement.
  4. Jurisdiction: Notwithstanding any implication of law to the contrary, all contracts between the Client and the Company shall be deemed to be made and construed and to be enforceable in and according to the laws of the State of Victoria, and the parties submit to the exclusive jurisdiction of the Courts of that State and any Courts about any proceedings in connection with matters concerning this agreement.
  5. Where supporting consultants are required to provide a service in conjunction with our work, the client will engage the consultant directly and execute the extent of work, fees and any payment conditions with them as required. The Company will brief the consultant at your request on relevant details, but does not guarantee any work provided by the consultant.
  6. The Company shall be entitled without notice to terminate or suspend any services arrangement with the Client in the event of the client defaulting in any of the terms and conditions herein contained, including late payment of any amount due.
  7. To the maximum extent of the law, the company will not be liable to the Client for any consequential damages arising in relation to the goods or services provided by it under this agreement.
  8. The Company will not be liable for delay or the impact in the delivery of its services where the delay is caused by events beyond the Company’s control.
  9. The Company retains ownership of all intellectual property created in the course of providing its services under this agreement.
  10. Neither party will use or divulge any confidential information of the other without the other’s consent.
  11. This Fee Proposal is valid for sixty (60) days from the date of the accompanying letter or email to the Client. The Company reserves the right to review the Fee Proposal if the Authority to Commence Work form has not been signed and returned to our office within this time.

Variations and Out of Scope Work

Please note that it is company policy that any work outside of the fee proposal provided will be charged at the relevant hourly rate.

This may include attendance at any meetings in relation to this matter and any ongoing liaison with the Client, Architect, Council and any other sub-consultants or work requested by your or your legal representative.

Should additional work be requested by you or your legal representative, we will assume that you understand that this falls outside the scope of works and accept it will be charged in addition to the estimate provided.

Such variations to the original fee proposal will be specified in the relevant invoice.

Hourly Rates and Disbursements

In the event that additional work is required beyond the scope and program defined our hourly rates will apply, excluding GST and Disbursements.

Lloyd Anderson$270.00
Associate Senior Planner$270.00
Town Planning Assistance$90.00

If required to attend a hearing as an expert witness or advocate the following hourly rates will apply, excluding GST and Disbursements.

Lloyd Anderson$300.00
Associate Senior Planner$300.00

Disbursements will be charged at cost as they occur. These disbursements include the following items:

Travel costs$0.80c per vehicle km
Taxi/ tram/ air fares at cost
Toll charges at cost
Printing, Photocopying & Report Printing/Binding  Black & white (A3/A4) – 10c/20c sheet
Colour (A3/A4) – $1.50/75c per sheet
Report per cost at Officeworks