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Please note: This is a template costs agreement and is intended to be used as a guide only. The terms of this agreement, including any rates contained in a schedule, are subject to change. Should you engage JBT Lawyers to provide legal services, a

personalised costs agreement will be provided.

.

COSTS AGREEMENT

Between:

Legal practice: JBT Lawyers Pty Ltd t/as JBT Lawyers

Client:

Matter:

Preamble

The Legal Profession Act 2004 (“the Act”) allows a law practice and you (the client) to agree on how the law practice’s legal costs are to be calculated and paid. It is called a “costs agreement” and it may be enforced in the same way as any other contract. You may accept the costs agreement by signing and returning the copy of this document, or by continuing to give instructions to us in this matter. Where this Cost Agreement is addressed to more than one person, or to a company and an individual, each addressee is individually bound by it, jointly and severally. Any addressee that does not intend to be so bound, must communicate that fact to us in writing, however we reserve the right to decline to act further or at all for the remaining addressees. 1.1 Our Retainer

(a) The work we have been instructed to do is:

(i) __________________;

(ii) __________________; and

(iii) work that is incidental to the above.

(b) The work we have not been instructed to do is:

(i) anything other than or not incidental to the above.

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1.2 Our charges Professional charges exclusive of GST (Goods and Services Tax) for this matter will be charged in accordance with the following rates: (a) Except for work agreed to be charged in accordance with a fixed fee schedule (such

as the Practitioners Remuneration Order, a Court scale, or the fixed fee schedule in Part 3) we will charge you professional fees for the work we do by way of an hourly charge rate.

(b) The current hourly charge rates are:

(i) Our current rates will be provided upon request.

(c) Our rates are charged in 5 minute units for work involving periods of less than or

parts of an hour. For example, the time charged for an attendance of up to 5 minutes will be 5 minutes and the time charged for an attendance between 5 and 10 minutes will be 10 minutes and so on.

(d) From time to time it may be necessary to alter our hourly rates. You will be given

written notice prior to any such change. 1.3 Our estimate

It is often not reasonably practicable at the time of engagement to estimate the legal costs you will incur in relation to us acting for you in this matter, or to provide a range of estimates of the total legal costs.

Notwithstanding this, subject to the matters set out in Part 2, we presently estimate costs in relation to this matter as follows:

(a) $____ excluding GST for professional costs;

(b) Disbursements in the order of $_____.

Our estimates are given in good faith based on our understanding of the nature and extent of the work required and we are not bound by our estimate as the work required may change. We are required to give you an estimate by the Act. If the circumstances or the scope of work changes, we may need to revise this estimate.

1.4 Factors which can affect our estimate of costs, and other disclosure requirements

pursuant to the Legal Profession Act 2004 are set out in Part 2.

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2.1 Disbursements

Disbursements are of their nature out of pocket amounts we pay to or are payable by us to third parties on your behalf so as to enable us to properly conduct your matter. We will inform you of these expenses and disbursements as well as any other payments required to be made, as soon as is reasonably practicable, but where appropriate we will incur and pay the charges on your behalf and charge them to you accordingly, at the cost to us. Disbursements can include (non-exhaustively): (a) Court or Tribunal filing and hearing fees;

(b) various property, company, business and related searches of publicly maintained

records;

(c) process servers and other agents;

(d) courier and delivery fees;

(e) witness expenses including the costs of retaining experts;

(f) barrister’s fees;

(g) bulk copying or document production by third parties;

(h) advertising of law notices;

(i) lodging fees or other imposts or charges by statutory authorities; and

(j) transcripts of hearings.

2.2 Other Charges (Sundries) We may not necessarily, but reserve the right to charge for other costs and expenses we

may incur in the course of acting for you, such as:

(a) Photocopying (particularly if a large volume of copying is required) – no more than 20c per page;

(b) Express or registered post – at cost per item 3. Payment of our charges

We will send you a bill of costs in the form of a tax invoice containing information of our professional fees and charges, disbursements and expenses, including GST, monthly. Where work in progress is incurred which exceeds $750.00 exclusive of GST, we may render a bill of costs at intervals of less than one month, or at other times as agreed with you, while the work is in progress.

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Our monthly and/or regular invoices will enable you to be regularly and properly kept

informed as to the costs you are incurring as they are being incurred. You should, on an ongoing basis, thoroughly review our invoices and take note of the charges for each of our attendances which will be specified therein so as to enable you to properly understand the legal costs you have and will continue to incur in relation to this matter. If you do not pay our accounts, or if you fail to pay money in advance if it is requested, we may cease carrying out further work until we are paid. If the account continues to remain unpaid we may cease to act for you. A final bill of costs will be given at the conclusion of the matter. Accounts are usually payable within 14 days of delivery of a bill of costs, unless otherwise agreed between us.

4. We may ask you to pay such amounts as are required in advance for anticipated disbursements plus any applicable GST. If we do, you must pay the amounts requested, unless otherwise agreed, or payment is secured in another way which is satisfactory to us.

5. Interest payable

Interest may be charged, if our accounts are unpaid after 30 days. Currently this rate is 6.75%, being calculated as the rate two (2) percent higher than the RBA cash rate.

6. Trust Money and Authorisation to Transfer Money from Trust Account

You authorise us to receive money directly into our trust account from any judgment or settlement money, or money received from any source in furtherance of your work. If we receive money on your behalf we will deposit the money into our trust account. You also authorise us to deduct from moneys in our trust account any disbursements that we have paid on your behalf, and our professional costs and expenses. We will not deduct our professional legal costs and expenses until 14 days after sending you a tax invoice requesting payment. We will provide you with a statement of account within five (5) days of applying any moneys in our trust account in payment of our legal costs or disbursements. If we receive money to be paid to a third party (for example, on account of barrister’s fees, or court filing fees and the like) we will forward that money to the third party unless you instruct us to do otherwise.

7. Payment / Money on Account At any time (whether before the commencement or during the conduct of your matter),

we are entitled to ask you to pay us, in advance, money on account of payments which will be made to others and our professional legal costs. You must pay such money to us, if asked to. Such moneys will be deposited in our trust account until such time as they are required to be paid to those others or such time as we are entitled to apply those moneys in payment of our costs. If you do not pay such money when asked, we reserve the right

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to decline to commence or continue acting for you in this, or any other matter, or matters, where we might be acting for you.

In this matter, we ask that the sum of $_____________be paid to us on account of anticipated professional costs and disbursements, including but not limited to ____________, to be deposited in our trust account ?before we commence acting?. We also continue to reserve the right to ask you to deposit further money on account of anticipated costs and disbursement as your matter progresses,

8. Ending our engagement

You may end our engagement by giving notice to us in writing at any time. If you do this, you must pay all costs and disbursements incurred up until that time, including costs that may incurred in connection with ceasing to act for you. Circumstances may arise (such as a conflict of interest) which make it impossible for us to continue to act for you, or otherwise entitle us to cease to act. Such circumstances include, but are not limited to the following:

if an actual or perceived conflict of interest arises (in our opinion, acting reasonably);

failure to pay our accounts when due or provide money upfront on account of anticipated costs and disbursements (if requested);

failure to provide us with necessary or adequate instructions in a timely manner, or at all;

failure to accept our advice or the advice of experts or barristers retained by us;

if we become aware instructions we have received from you are false or materially misleading;

if your conduct indicates a loss of confidence in us; or

for any other proper reason. If for any proper reason we intend or may be required to cease to act for you, we will give you such written notice as is appropriate in the circumstances. If we cease to act for you:

we will notify other parties, and the Court or tribunal in relation to any proceedings

you will be invoiced for all outstanding work and disbursements

you must pay our legal costs up until the date when we cease to act

we will retain your file and keep your documents until we are paid, a common law right known as a solicitor's lien. The lien allows us to retain all of your documents whether related to this matter or not, until our accounts are paid.

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9. Retention of your documents

At the conclusion of your matter, we will retain any papers to which you are entitled, but leave in our possession (except documents deposited in safe custody) for seven (7) years. You authorise us to destroy the file seven (7) years after the date of the final bill rendered by us in this matter. Of course, if you request it, we will make available any documents to you as soon as is reasonably practicable after being requested to do so (which may be in archives or storage, and may incur a cost payable by you for retrieval).

10. Privacy Protection

Personal information about you, provided by you and other sources, is protected by statute, and/or our professional and ethical obligations to keep your confidential information, confidential. Disclosure of such information may however be compelled by law. You authorise us to disclose such information where necessary, appropriate and subject to our professional and ethical rules, to others in order to progress your matter including (non-exhaustively) to other employees of JBT Lawyers, to a Court or a Tribunal, the other party or parties to litigation, to barristers, experts etc.

11. Further Terms

Further terms applying to this Costs Agreement are also set out in Part 2. Acceptance of this Costs Agreement by you includes acceptance of the additional terms in Part 2.

12. Notification of Rights

An important notice as to your rights, prescribed pursuant to Regulation 3.4.4 of the Legal Profession Regulations 2005 is attached in Part 4. It overrides the terms of this Costs Agreement if there is, and to the extent of, any inconsistency.

13. Practice Areas For your information, a list of the areas of law and jurisdictions in which JBT Lawyers

practices is set out in Part 5. 14. Limitation of Liability From 2 July 2010, JBT Lawyers and its legal practitioners have elected to participate in

the Law Institute of Victoria Limitation of Liability Scheme.

In essence, the Scheme caps our occupational liability to an amount of $2 million and to the extent that liability can be limited under the Professional Standards Act 2003 (Vic). Further information concerning the Scheme and limitation of liability schemes generally can be found at http://www.liv.asn.au/Membership/Limitation-of-Liability-Scheme and http://www.lawlink.nsw.gov.au/lawlink/psc/ll_psc.nsf/pages/psc_schemes.

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PART 2 – COSTS ESTIMATES AND DISCLOSURE

1. Factors which can affect our costs estimate

Factors that can cause an increase or decrease in our costs (in relation to our estimate) include: (i) the volume of correspondence we are required to write and send on your behalf

and/or receive, or are required to respond to while acting on your behalf;

(ii) the frequency and/or number of attendances we are required to undertake on you and/or third parties;

(iii) the occurrence of future developments which we cannot as yet predict which may require additional and/or further attendances and/or increase the relative urgency and/or complexity of the matter;

(iv) whether and how quickly you provide us with instructions and documents when requested and whether we have to repeat our requests;

(v) the accuracy and comprehensiveness of instructions you do provide us;

(vi) the volume of documents we are provided with or are obtained by us and to which we are required to pay attention or exercise legal skill and knowledge in respect of;

(vii) the complexity of the law involved in the matter;

and in relation to any Court or Tribunal proceedings: (viii) if the number of parties changes;

(ix) if the defendant(s) contest the claim;

(x) if there is any opportunity to obtain default or summary judgment against the

defendant(s) before trial;

(xi) if and at what stage, a settlement can be negotiated or the proceeding is brought to an end such as by being dismissed or struck out;

(xii) if interlocutory steps are required to be taken to progress your matter, or taken by other parties or required by the court, eg further particulars of pleadings, discovery, interrogatories, mediation, witness statements, court books, written submissions;

(xiii) if there are disputes between any of the parties as to the adequacy of performance of any of these interlocutory steps;

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(xiv) if there are appeals in relation to any order or judgment made in the course of the case (including before the trial) ;

(xv) whether necessary witnesses for your case co-operate or not;

(xvi) if it becomes necessary to obtain evidence, or reports or documents from one or more expert or other witnesses;

(xvii) what attitude and tactics are adopted by the other parties throughout the case;

(xviii) whether it becomes necessary to brief Senior Counsel (also known as Queen’s Counsel) or more than one barrister on your behalf at or before the trial;

(xix) the length of any pre-trial/interlocutory hearings, trial or the number of witnesses that would be required at trial, which we are rarely in a position to reliably estimate until actually preparing for trial, and even then, trials and hearings frequently take longer than expected.

It is important that you understand that legal work generally and litigation in particular is a process that is constantly subject to change and the course of your matter will be affected by the actions of other parties, courts and tribunals, none of which we control.

2. Engagement of Another Lawyer

We may need to engage on your behalf, a barrister or other lawyer to provide specialist advice or services. We will advise you of the terms of such engagements and where reasonably practicable provide you with details of such person's fees and charges, and manner of charging before incurring the expense. The expense will be a disbursement and charged on to you at the cost to us.

3. Costs in Court or Tribunal Proceedings

If court or tribunal proceedings are taken on your behalf, the court or tribunal may order the other party to pay your costs of the proceedings. This sum will not necessarily cover the whole of your legal costs due to us. It is possible that the court may make orders that you pay the other party’s costs (if, for instance, you are unsuccessful at trial, or in an interlocutory hearing, or do not comply with orders or rules of the court or tribunal). These costs are payable by you to the other party in addition to the costs payable to us. A. Recovery of Costs from Another Party

If you are successful in relation to some or all of your matter (including interlocutory steps), the court or tribunal may make an order that the opposing party or parties pay costs to you. If the court or tribunal makes such an order against another party or parties:

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(i) these costs are usually known as party and party costs and are calculated by applying the applicable court scale ;

(ii) it will only amount to some of your legal costs and we estimate (based on our experience) that you would only recover an amount of between 50% and 70% towards our fees, barrister's fees and other expenses and office charges, namely between 50% and 70% of your total actual legal costs.

(ii) this only gives you a right to recover such costs from the other party or parties and does not affect your responsibility to pay our legal fees and legal costs.

(iii) the costs you recover are likely to be less than the amount of the costs that you must pay us; and

(iv) you may not necessarily be able to recover the costs from the other party or parties (for example, if a party goes into liquidation or becomes bankrupt) and you will still be responsible for our legal costs.

B. Liability for the Costs of Another Party

If you are unsuccessful in relation to part or all of your matter (including interlocutory steps), the court may (and probably will) make an order that you pay some of the other party’s or parties’ legal costs. We estimate (based on our experience) that this amount could be between 50% and 70% of the other parties actual costs, which are likely to be similar to, if not more than, your own costs. You will continue to be responsible for our legal costs.

4. Right to a Bill of Costs You are entitled to receive a bill of costs from us before being required to pay our legal

fees. If we send you a lump sum bill you may request an itemised bill within 30 days of receipt of the lump sum bill.

5. Your rights in relation to Legal Costs

The following avenues are available to you if you are not happy with a bill of costs:

Requesting an itemised bill

Discussing your concerns with us

Having our costs assessed

Making a complaint to the Legal Services Commissioner

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Applying to set aside our costs agreement There may be other avenues available in your State or Territory (such as mediation). Time limits apply to the avenues for resolving costs disputes. For more information about your rights, please read the fact sheet titled Your right to challenge legal costs. You can ask us for a copy, or obtain it from the Legal Services Commissioner (or download it from their website).

6. Progress Reports You are entitled to request, at reasonable intervals, written progress reports on your matter. Unless otherwise agreed, our normal charge-out rates will apply to providing such written progress reports and copies of correspondence or documents. You are entitled to request a written report on the legal costs incurred to date since the last bill of costs was given to you, free of charge. Further, as a normal part of the service we provide we will copy to you relevant correspondence or documents for your own records and to enable you to be kept appraised of the matter. 7. Changes to this Disclosure

You will be informed, as soon as is reasonably practicable, of any substantial changes to the matters set out in this disclosure document.

8. Applicable Law

The law of Victoria applies to legal costs regarding this matter. You are, however, able to enter into a costs agreement with us on the basis that the corresponding law of another State or Territory is applicable if this matter has a substantial connection with that State or Territory. In that event, we will disclose costs as they are applicable in that State or Territory. You have the right to contract with us that the costs assessment scheme in Victoria is applicable, in the event of any dispute as to costs arising with me.

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PART 3 – Fixed Fee Schedule

Item Amount

Debt Recovery:

Letters of demand (debt or liquidated demand)*

* Does not include demands of a more complex nature requiring particular attention to large volumes of or complex documents.

$120.00

Creditor’s Statutory Demand pursuant to the Corporations Act 2001 including

service by post

$400.00

Notice to Remedy Breach of Lease pursuant to s. 146 of the Property Law Act

1958 including service by post**

** Or the equivalent in jurisdictions other than Victoria.

$375.00 (for each party

to the Lease to be

served)

Notice of Re-Entry including service by post**

** Or the equivalent in jurisdictions other than Victoria.

$375.00 (for each party

to the Lease to be

served)

Bankruptcy Notice $400.00

Issuing proceedings in a Court or Tribunal (debt or liquidated claim)*** including receiving your instructions, review of documents, service by post and copy to you for your records. If personal service is required the costs of a process server are charged as a disbursement. *** This does not include claims or demands of a more complex nature requiring particular attention to large volumes of or complex documents.

In relation to claims for

an amount:

(a) less than $7,500 -

$500

(b) $7,500 to less than

$20,000 - $650

(c) Over $20,000 to

$40,000 -$750

(d) Over $40,000 to

$70,000 - $850

(e) Over $70,000 to

$100,000 - $1,000

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(f) Over $100,000 to

$200,000 - $1,200

(g) Over $200,000 -

$1,500

Entry of default judgment (if available†) † Default judgment is typically available in proceedings for debt or liquidated claims issued in a Court where a defendant takes no steps in or to defend a proceeding. It may not be available in Tribunals exercising jurisdiction under retail leasing legislation.

In relation to claims for an amount:

(a) Less than $200,000 - $300;

(b) For $200,000 and over - $600;

Defended proceedings†† ††Where a defendant takes steps in or to defend proceedings in a Court or Tribunal, or the rules or procedures of the Court or Tribunal necessitate further attendances

At the rates and in the manner specified for Professional Costs.

Creditors Petitions & Winding Up Proceedings $2,500.00-$3,000.00

Property & Leasing:

Standard Contract of Sale of Real Estate (established property) including Section 32

$400.00

Standard Residential Conveyance (established property) $750.00

Commercial & Retail Lease Up to $1,500.00

“off-the-plan” Residential Conveyance $900.00

All of the above amounts: (a) exclude GST; and (b) exclude disbursements. We will advise of anticipated disbursements when instructed in any particular matter.

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Part 4 – Notification of client’s rights Legal costs – your right to know

You have the right to –

Negotiate a costs agreement with us

Receive a bill of costs from us

Request an itemized bill of costs within 30 days after you receive a lump sum

bill from us

Request written reports about the progress of your matter and the costs

incurred in your matter

Apply for costs to be assessed within 12 months if you are unhappy with our

costs

Apply for the costs agreement to be set aside

Make a complaint to the Legal Services Commissioner. This includes making

a complaint that involves a civil dispute to the Legal Services Commissioner

within 60 days after the legal costs were payable or, if an itemized bill was

requested in respect of those costs, within 30 days after the request was

complied with

Accept or reject any offer we make for an interstate costs law to apply to your

matter

Notify us that you require an interstate costs law to apply to your matter

For more information about your rights, please read the fact sheet entitled Legal costs

- your right to know. You can ask us for a copy, or obtain it from the Legal Services

Commissioner (or download it from their website).

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Part 5 - Practice Areas Schedule Advice practice areas:

Property (development, subdivision, acquisition and sale)

Commercial contracts, negotiation, drafting and advice

Planning

Building and construction (risk analysis and advice, drafting and negotiating commercial/domestic building contracts)

Commercial and retail leasing

Insolvency – personal and corporate

Loans, mortgages, debentures and securities

Trusts, structuring and re-structuring of small to medium enterprises and individual asset protection

Purchase and sale of business and assets

Debt recovery

Employment

Tax (GST, duties and land tax) Litigation practice areas:

Commercial and domestic building cases

Corporations law proceedings (insolvent trading, preferences, winding up)

Debt recovery

Commercial

Property

Commercial and retail leases

Appeals

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Administrative reviews and appeals Courts and Jurisdictions:

High Court of Australia

Federal Court of Australia

Federal Magistrates Court of Australia

Supreme Court of Victoria, and the Court of Appeal

Supreme Court of NSW, and the Court of Appeal

County Court of Victoria

District Court of NSW

District Court of WA

Magistrates Court of Victoria

Magistrates Court of WA

Local Court of NSW

Victorian Civil and Administrative Tribunal