Legal

Terms of Service

Last updated: December 2024

Important Notice

By using our website or engaging our services, you agree to these Terms of Service. Please read them carefully. If you do not agree with any part of these terms, please do not use our website or services.

1. About These Terms

These Terms of Service ("Terms") govern your use of the Hamilton Bailey Law Firm website (www.hamiltonbailey.com) and the legal services we provide. These Terms constitute a legally binding agreement between you and Hamilton Bailey Law Firm.

We may update these Terms from time to time. Continued use of our website or services after any changes constitutes acceptance of the modified Terms.

2. Our Services

Hamilton Bailey Law Firm provides legal services to medical practitioners and healthcare organisations in Australia. Our services include but are not limited to:

  • Practice setup and structuring advice
  • Regulatory compliance assistance
  • Contract drafting and review
  • Employment law advice
  • Property and leasing matters
  • Dispute resolution
  • Legal document preparation

3. Client Engagement

3.1 Engagement Letters

Before we commence work on your matter, we will provide you with an engagement letter setting out the scope of our services, our fees, and other relevant terms. A solicitor-client relationship only exists once you have signed and returned the engagement letter.

3.2 Your Responsibilities

As a client, you agree to:

  • Provide accurate and complete information
  • Respond promptly to our communications
  • Pay our fees in accordance with the engagement letter
  • Notify us of any changes to your contact details
  • Act in good faith throughout our engagement

4. Website Use

4.1 Permitted Use

You may use our website for lawful purposes only. You must not use our website in any way that breaches any applicable law or regulation, or in any way that is fraudulent or harmful.

4.2 Prohibited Activities

You must not:

  • Copy, reproduce, or distribute website content without permission
  • Attempt to gain unauthorised access to our systems
  • Transmit any malware or harmful code
  • Use automated systems to access the website without permission
  • Impersonate any person or entity

5. Intellectual Property

All content on our website, including text, graphics, logos, images, and software, is the property of Hamilton Bailey Law Firm or our licensors and is protected by Australian and international copyright and intellectual property laws.

You may not reproduce, distribute, modify, or create derivative works from any content on our website without our prior written consent.

6. Fees and Payment

Our fees are set out in our engagement letters and may be charged on a:

  • Fixed fee basis
  • Time-based (hourly) basis
  • Capped fee arrangement
  • Retainer arrangement

All fees are quoted exclusive of GST unless otherwise stated. We will provide you with itemised tax invoices for our services. Payment terms are set out in our engagement letter.

7. Limitation of Liability

To the maximum extent permitted by law, Hamilton Bailey Law Firm's liability for any claim arising out of or in connection with our services is limited to the amount of fees paid by you for the relevant services.

We are not liable for any indirect, incidental, special, or consequential damages, including loss of profits, revenue, or data.

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under Australian law, including liability under the Australian Consumer Law.

8. Professional Insurance

Hamilton Bailey Law Firm holds professional indemnity insurance as required by the Legal Practitioners Act and the rules of the relevant Law Society. Details of our insurance can be provided upon request.

9. Confidentiality

We maintain strict confidentiality regarding all client matters. Information you share with us will not be disclosed to third parties except as required to provide our services, with your consent, or as required by law.

10. Termination

Either party may terminate our engagement by providing written notice. Upon termination, you remain responsible for payment of all fees and disbursements incurred up to the date of termination. We will provide you with all documents to which you are entitled.

11. Dispute Resolution

If you have any concerns about our services, please contact us immediately. We are committed to resolving any issues promptly and fairly. If we cannot resolve a dispute, you may refer the matter to the relevant Law Society or Legal Services Commission.

12. Governing Law

These Terms are governed by the laws of South Australia. You agree to submit to the exclusive jurisdiction of the courts of South Australia for any disputes arising from these Terms or our services.

13. Contact Information

If you have any questions about these Terms, please contact us:

Hamilton Bailey Law Firm

147 Pirie Street
Adelaide, South Australia 5000

Phone: +61 8 5122 6500