Terms of Use
These terms are in reference to services offered by Bare Law - the Services(Agreement) - received either online, via email or in the post.
The agreement is between Bare Law Pty Ltd (ABN 94 647 562 810), (we, us or our) and you, the person who accepts the Services (you or your). These terms and conditions and the Services form the entire agreement between us and supersede any prior discussions (Agreement).
Our Disclosure to you: By accepting this Agreement, you agree that: we may disclose your personal information to our Service Providers and local and state governments for the purposes of providing the Services, and as set out in our privacy policy; and subject to your Consumer Law Rights: (a) we exclude our Liability for any “force majeure” events and for consequential loss; and (b) our liability for the supply of the Services will be limited to, at our discretion the resupply of the Services or the repayment of the Price paid by you.
Services and variations: You have requested the Services set out in the agreement. You accept this Agreement by the earlier of: (a) sending us an email accepting the Agreement; (b) confirming acceptance by telephone; or (c) making part or full payment of the price set out in the Cost Disclosure (Price). All variations to this Agreement and the Price must be agreed in writing between you and us. We may obtain your credit information from credit reporting bodies prior to providing our Services to you. If we receive credit information about you from a third party, we will protect it as outlined in our Credit Information Policy
Payment Methods
It is our policy that, when acting for new clients, we do one or more of the following:
- approve credit;
- ask the client to pay monies into our trust account;
- ask the client for their credit card details.
Unless otherwise agreed with you, we may determine not to incur fees or expenses in excess of the amount that we hold in trust on your behalf or for which credit is approved.
Authorisation to Transfer Money from Trust Account
By accepting the Agreement, you authorise us to receive directly into our trust account any judgment or settlement amount, or money received from any source in furtherance of your work, and to pay our professional fees, internal expenses and disbursements in accordance with the provisions of Rule 42 of the Uniform General Rules. A trust statement will be forwarded to you upon completion of the matter.
Retention of Your Documents
On completion of your work, or following termination (by either party) of our services, we will retain your documents for 7 years. Your agreement to these terms constitutes your authority for us to destroy the file after those 7 years. The authority does not relate to any documents which are deposited in safe custody which will, subject to agreement, be retained on your behalf indefinitely. We are entitled to retain your documents while there is money owing to us for our costs.
You will be liable for the cost of storing and retrieving documents in storage and our professional fees in connection with this.
Termination by Us
We may cease to act for you or refuse to perform further work, including:
- while any of our tax invoices remain unpaid;
- if you do not within 7 days comply with any request to pay an amount in respect of disbursements or future costs;
- if you fail to provide us with clear and timely instructions to enable us to advance your matter, for example, compromising our ability to comply with Court directions, orders or practice notes;
- if you refuse to accept our advice;
- if you indicate to us or we form the view that you have lost confidence in us;
- if there are any ethical grounds which we consider require us to cease acting for you, for example a conflict of interest;
- for any other reason outside our control which has the effect of compromising our ability to perform the work required within the required timeframe; or
- if in our sole discretion we consider it is no longer appropriate to act for you; or
- for just cause.
We will give you reasonable written notice of termination of our services. You will be required to pay our costs incurred up to the date of termination.
Termination by You
You may terminate our services by written notice at any time. However, if you do so you will be required to pay our costs incurred up to the date of termination (including if the matter is litigious, any cancellation fees or other fees such as hearing allocation fees for which we remain responsible).
Lien
Without affecting any lien to which we are otherwise entitled at law over funds, papers and other property of yours:
- we shall be entitled to retain by way of lien any funds, property or papers of yours, which are from time to time in our possession or control, until all costs, disbursements, interest and other moneys due to the firm have been paid; and
- our lien will continue notwithstanding that we cease to act for you.
Privacy
We will collect personal information from you in the course of providing our legal services. We may also obtain personal information from third party searches, other investigations and, sometimes, from adverse parties.
We are required to collect the full name and address of our clients by Rule 93 of the Uniform General Rules. Accurate name and address information must also be collected in order to comply with the trust account record keeping requirements of Rule 47 of the Uniform General Rules and to comply with our duty to the courts.
Your personal information will only be used for the purposes for which it is collected or in accordance with the Privacy Act 1988 (Cth). For example, we may use your personal information to provide advice and recommendations that take into account your personal circumstances.
If you do not provide us with the full name and address information required by law we cannot act for you. If you do not provide us with the other personal information that we request our advice may be wrong for you or misleading.
Depending on the nature of your matter the types of bodies to whom we may disclose your personal information include the courts, the other party or parties to litigation, experts and barristers, the Office of State Revenue, PEXA Limited, the Land and Property Information Division of the Department of Lands, the Registrar General and third parties involved in the completion or processing of a transaction.
We do not disclose your information overseas unless your instructions involve dealing with parties located overseas. If your matter involves parties overseas we may disclose select personal information to overseas recipients associated with that matter in order to carry out your instructions.
We manage and protect your personal information in accordance with our privacy policy which can be found on our website. Our privacy policy contains information about how you can access and correct the personal information we hold about you and how you can raise any concerns about our personal information handling practices. For more information, please contact us in writing.
Sending Material Electronically
We are able to send and receive documents electronically. However, as such transmission is not secure it may be copied, recorded, read or interfered with by third parties while in transit. If you ask us to transmit any document electronically, you release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document, for any delay or non-delivery of any document and for any damage caused to your system or any files.
Governing Law
The law of Victoria governs these terms and legal costs in relation to any matter upon which we are instructed to act.
Your Obligations
We require you to, and you agree to:
- provide full and honest instructions relevant to your matter and any material change in your circumstances that might impact on your matter while we continue to act for you;
- co-operate in the matter and do all that we reasonably request of you in a timely manner;
- accept and follow our reasonable legal advice; and
- provide funds in advance in accordance with this Costs Agreement or some later arrangement.
If you fail to comply with any of these conditions, we have the option to terminate our Costs Agreement by advising you of termination in writing.
For any questions or notices, please contact us at:
Bare Law Pty Ltd (ABN 94 647 562 810)
Email: estates@barelaw.com.au
Last update: 16 June 2025