TERMS AND CONDITIONS

This document sets out important terms that apply to each engagement of Stork Legal Pty Ltd trading as Perth Property Lawyers (“we”, “our”, “us”).

This document must be read in conjunction with any associated costs disclosure and/or costs agreement.

YOUR INSTRUCTIONS

If we are asked to act on a matter, we will:

(a) check to see if any conflict prevents us from acting;
(b) confirm whether we are willing to accept instructions; and
(c) if we are willing to accept instructions, make an offer to enter into a costs agreement (within the meaning of the Legal Profession Uniform Law (WA) (“Uniform Law”)).

Our offer to enter into a costs agreement will include a costs disclosure.

Our offer must be accepted before we will commence acting on the matter.

We reserve the right to reject instructions for any reason, including where we determine that:

(a) a conflict prevents us from acting;
(b) we consider that instructions are incomplete; or
(c) the requested work falls outside the scope of our usual services.

FIXED FEES

Most of our fixed fee services, and the fixed fees that we charge for those services, are listed on our website. However, we may offer a fixed fee for other services (including work that would normally fall outside the scope of our fixed fee services) on a case-by-case basis.

If we are instructed to prepare a document:

(a) that document will be prepared based on one of our standard precedents; and
(b) our fixed fee will be payable in full, even if for some reason the document ceases to be required or is not ultimately executed by one or more parties.

PAYMENT TERMS

Unless otherwise agreed beforehand, we will issue and address all of our invoices to our actual client for the matter.

The client’s liability to pay us is not affected by any right that the client may have to recover costs from another party under any agreement or understanding.

ABOUT OUR DOCUMENTS

Some of the types of documents that we prepare on a routine basis are listed on our website. These are all “standard” documents that are designed to cover a broad range of scenarios.

We maintain a suite of precedents for our standard documents. Any document that we prepare will be based on one of those precedents.

We update our precedents on a regular basis to reflect changes in the law and best practice. This means that if we are instructed to prepare a document, it may or may not have a different appearance or content to documents we have previously prepared.

SPECIFIC EXCLUSIONS

Unless we accept instructions from you to the contrary, the scope of our engagement excludes the following.

ALL DOCUMENTS AND SERVICES:

(a) Advising on tax matters.
(b) Advising on financial matters.
(c) Advising on the solvency of any party.
(d) Advising on laws that do not apply to Western Australia.

ALL DOCUMENT PREPARATION:

(e) Making major changes to our precedent document.
(f) Providing any substantial advice, including in connection with any related documents prepared by others.
(g) Acting in any negotiations.
(h) Seeking the consent or approval of any third party (including a mortgagee).
(i) Preparing or serving a disclosure under section 68 of the Contaminated Sites Act 2003 (WA).
(j) Ensuring proper document execution (including advising on electronic execution issues).
(k) Advising on the powers of any trustee.
(l) Attending to lodgement for duty assessment.

LEASE DOCUMENT PREPARATION:

(m) Registering the document at Landgate.
(n) Advising on security interests (including identifying their potential existence) under the Personal Property Securities Act 2009 (Cth) (“PPSA”).
(o) Registering any PPSA security interests.
(p) Preparing or serving a disclosure statement under section 6 of the Commercial Tenancy (Retail Shops) Agreements Act 1985 (WA) (“Retail Shops Act”).
(q) Advising on disclosure requirements under the Retail Shops Act.
(r) Advising or acting on any application under the Retail Shops Act.

SECURITY DOCUMENT PREPARATION:

(s) For any document other than a caveat, registering that document at Landgate or on the PPSR.

ALL ENFORCEMENT SERVICES:

(t) Acting in ongoing correspondence with any party.
(u) Acting in any court or tribunal proceedings.

GENERAL

If we are provided with or receive instructions via an email address, we are authorised to communicate via that email address.

Each client, and each person who provides instructions on a client’s behalf, warrants that they will provide us with complete, accurate and timely instructions and acknowledges that a failure to do so may result in a loss being caused to the client, us or another party. Each client agrees to be responsible for any such loss, directly or by indemnifying us.

We are not responsible for checking the accuracy or completeness of any instructions or information that are provided to us or for any error or omission that we make in the performance of our services or for any claim, demand, action, proceeding, judgment, order, assessment, penalty, interest, costs or expenses suffered or incurred by a client (or by any other person) resulting from the instructions or information that are provided to us being inaccurate or incomplete.

This document applies from 1 July 2026.

The current version of this document is available at www.perthpropertylawyers.com.au.