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Month: December 2020

FAMILY LAW

Myths about parenting laws In Australia

There are plenty of things people do wrong in child custody matters. These are the top mistakes people make regarding parenting laws.

The legal system can be a daunting and traumatic, especially if you do not have the correct information or the right legal advice and guidance.  There are various myths about parenting matters created through the media or by word of mouth which may cause you to falsely assume your case is bound to lose.  However, every case is different and these myths are not necessarily how the Family Courts will determine parenting arrangements for your children.

The Mother Always Has More Power

It is often misconstrued that the Court will always favour the mother over the father.  There are Parenting Ordersno laws that state children should live primarily with the mother, rather than the father after separation.  The Court will decide who the children should live with, not based on gender, but based on the best interests of the children.

Parenting Plans Are Binding

Parenting Plans are agreements signed by both parents, but which are not submitted to the Court and formalised into Consent Orders.  Parenting Plans are not binding and cannot be enforced by the Court if they are breached.  Parenting Orders, whether made by consent or decided by a Judge, are the only formal document that can be enforced by the Court. There are serious consequences and penalties if it is breached such as payment of fines, compensation or the other party’s legal costs, community service, or imprisonment.

For more information about changing a parenting plan, please refer to our blog post – I want to Change my Parenting Plan.

If We Don’t Agree, I Can Just Get a Court Order

Many parents believe that if they can’t agree then they can go straight to Court to have a Judge make an Order for them relatively quickly.  This is not the case.  Unless the matter is urgent, or there is a real risk of harm or abuse to the children, parents must attempt mediation and make a genuine effort to reach an agreement before court proceedings can be filed.  There is a significant amount of time and work involved in preparing court documents and there are often delays for several months before your case may even be listed for hearing before a Judge.

I Don’t Have to Consult With the Other Parent About Decisions Affecting the Children

Even if you don’t have Parenting Orders, the Court may consider that you should have consulted about major long-term decisions such as education, religion, medical appointments or relocating with the children.

For example, if you unilaterally change the children’s school or relocate with the children such that it impedes on their relationship with the other parent, the Court may make an order that the children be returned to their previous school. They could make also order that the children be returned to live within proximity to where they were living.

If you have Parenting Orders for joint parental responsibility for major long-term decisions, you are required to inform the other parent of any decision to be made, consult with the parent and make a genuine effort to reach a joint decision.  You may also have orders that set out certain obligations for you to disclose information to the other parent such medical appointments, travel plans, school information etc.  If you fail to comply with your Parenting Orders you could be in breach and the other parent may file a contravention application against – you which could have serious consequences and result in penalties being imposed by the Court, as mentioned above.

Children Can Make Their Own Decisions About Where They Live

Whilst children’s wishes may be taken into account, there is no set age at which a child can decide by themselves where they want to live.  When considering the children’s wishes, the Court will take into account their age, maturity, understanding of their decision and will consider various other factors when determining what is in the best interests of the children.  The children’s wishes are just one factor amongst many that are considered by the Court in determining parenting arrangements. The Court will not base their decision solely on the wishes of the children without having an objective look at all the evidence and facts of the case.

Divorce Applications Deal with Parenting Arrangements

This is incorrect.  Whilst your divorce application requires you to include certain details regarding parenting arrangements, this is solely for the purposes of the Court being satisfied as to the children’s well-being.  Your divorce application only deals with obtaining your divorce, so you are no longer legally married.  The only way to formalise your parenting arrangements so that they are binding and enforceable by the Court is by a Parenting Order, either made by consent or determined by a Judge.

So now you know…

With these misconceptions in mind, you are armed with some critical information to safeguard you against ignorance.

Now that you know what’s fact and what’s false – it’s time to put the wheels into motion and plan for your children’s future.

Whether you are looking for a Parenting Plan to offer some guidance with communicating, or a Parenting order to structure your day to day lives, there’s no better time to get started.

If you’re still unsure – our experts would be happy to talk to you to help you figure out which one you need. Call our friendly and understanding team on: (07) 3172 3777

 

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FAMILY LAW

How the Family Court deals with transgender children matters

The Family Court of Australia has had to adapt their approach to the issues relating to transgender kids as gender dysphoria becomes better understood.

Amongst all of the rapid changes of the twenty-first century, one of the most discussed social issues is gender diversity. Society has come forward in leaps and bounds with respect to the inclusion and rights of Australians who identify as LGBTIQ.

It’s no surprise that young people are among some of the most eager for the opportunity to choose their own identity.

As such, the Federal Circuit and Family Court of Australia has had to adapt their approach to the issues relating to transgender kids as gender dysphoria becomes better understood.

Presently, if both parents and treating doctors give permission for their child to begin transitioning, the Court no longer needs to be involved in the decision making. However, this is a recent occurrence.

As knowledge is power, we aim to outline the significant decisions the Court has made in the lead up to this approach. It may surprise you to learn that the Court used to be far more involved in the process than they are now.

However, it’s still no walk in the park. This article aims to demonstrate the uncertainty that still prevails amongst the Court and its interest in continuing to deal with trans children. There have been massive strides taken in understanding the importance of early treatment on the mental and physical health of a child – which is the primary concern of the parenting matters heard in the Court.

Mental Assessment: The Gillick Competency Test

Ordinarily, when dealing with matters of a child’s health, the Court would determine if a child is capable of making their own decision to undergo gender reassignment treatment by applying something known as the Gillick Competency test.

This test determines whether a young person is able to understand the physical, emotional and mental consequences of the decisions they make in the short and long term.

There is no specific age that determines if a child is able to make their own decisions. Instead, the Court must consider each individual case and determine whether the child is mature enough to be able to understand the effect of their decision.

Assessment of the test involves an investigation as to how the child deals with decision making, based on an examination of the child’s ability to understand and evaluate risks.

Physical Assessment: Gender Reassignment Therapy

When dealing with Gender Reassignment for children nearing puberty, there is a 2 Stage Hormonal Therapy that is recommended.

The first stage focuses on the prevention of the onset of puberty in the child’s biological sex. Children are given medication to suppress the release of gonadotropin hormones – the body increasing these hormones is the first event of puberty – which suppresses the onset of puberty itself.

By doing this, children are given the time to reflect over their gender identity without having to deal with the irreversible physical changes that occur to the body during puberty. This is important as not doing so can cause significant psychological harm to a person who identifies as transgender. These medications are considered safe and the first stage is totally reversible.

The second stage focuses on affirming the gender of the child. In the second stage, a person transitioning to female would be given oestrogen and a person transitioning to male would start testosterone.  This leads to the onset of the symptoms of puberty.

For transgender males, these symptoms include hair growth, voice deepening and muscle growth. For transgender females, these include breast development, testicular shrinkage and growth height maturation.

The administration of these hormones also carries a risk of impaired liver function. Some of these changes are irreversible.

RE: Alex

In 2004, the Family Court had to consider the situation of “Alex”.

Alex was born a girl; however, he was diagnosed as having gender identity dysphoria. This was the first case in which the Family Court had to consider whether to approve treatment for a transgender child. The treatment sought for Alex at the time was in two stages. Until he turned 16, the treatment was to administer oestrogen and progestogen to suppress his menstrual cycle. Once Alex was 16, the second stage of treatment would begin, involving the administering of male hormonal drugs.

Ultimately, Chief Justice Nicholson found that the treatment was in Alex’s best interests and authorised the treatment go ahead.

In making this decision, the Chief Justice set the landscape for how these matters would be treated. The Family Court would be required to weigh in on the treatment of children suffering from gender dysphoria and the two-stage treatment would be seen as a single irreversible treatment package.

It was notable that, while the Chief Justice did not think that Alex was competent to make this decision, the issue of competency was set aside as the Court believed that the treatment was in the best interest of the child.

RE: Lucy

The next big change in how the Court treats the issue of transgender children revolved around the case of Lucy.

In 2013 a government department acting as Lucy’s guardian made an application for Lucy to begin stage one treatment for her gender dysphoria. Lucy was born genetically and biologically male but identified as female. Lucy was 13 at the time and had just entered puberty and the stage one treatment was proposed as urgently required to prevent the physical changes that were soon to occur that would require surgery to reverse.

Justice Murphy changed the game by determining that stage one treatment was not something that would require the authorisation of the Court. It was Justice Murphy’s belief that stage one treatment was an appropriate avenue to prevent changes that would cause Lucy significant psychological harm until Lucy was Gillick competent and able to make the decision to begin stage two of hormonal therapy.

RE: Sam and Terry

Shortly after the decision in Lucy, Justice Murphy was able to address the issue of whether stage two of hormonal therapy would still require an application of the Court. In two similar but separate cases that were heard together, Justice Murphy found that due to the irreversibility of the Stage 2 treatment, the Court would still need to make a determination as to whether the therapy was in the child’s best interests.

RE: Jamie

Another important decision that helped shape the path of the Court’s approach was reached in 2013.

In Re Jamie, the Family Court was able to consider the previous decisions that had been made and lay down the guiding principles for future cases. The Court’s position at the time is summarised as follows:

  • If a child was determined by the Court to be Gillick competent, the Court did not need to determine if treatment is in their best interests or make a decision as to whether to proceed with treatment. This was the case unless there was a disagreement involving the child, the child’s parents or the child’s doctor as to the need for treatment.
  • Stage one and stage two are part of the same treatment package but were to be considered separately.
  • Court authorisation was not required for stage one of treatment unless the child is subject to a guardianship order or there is a disagreement involving the child, the child’s parents or the child’s doctor as to the need for treatment.
  • Court authorisation was required for stage two of the treatment.
  • The Court would give considerable weight to the wishes of the child.

RE: Kelvin

In 2017 the Court was asked to confirm their decision in Re Jamie and determine if those principles set down were the correct way to go about the handling of children suffering from gender dysphoria.

They determined that stage two treatment did not require court authorisation. Provided the child consents to the treatments, the doctors are of the belief that the child understands the long-term effects of the treatment and the parents have no objection, stage two hormonal therapy could begin.

This was a significant departure from the decision in Re Jamie and only 13 years from the original decision in Re Alex.

This decision marked the Court’s eventual catch up with the medical profession on the treatment of gender dysphoria and was expected to have a significant impact on the health and wellbeing of transgender youth. The Court continues to follow this decision in 2019.

Where do we stand today?

While the Court no longer needs to intervene in cases where children have permission from both parents and their treating doctors, the frequency at which the Court has had to change their stance on the authorisation required for treatment shows that it is very possible that this approach will change yet again.

It is recommended that prior to your child commencing treatment that you seek advice from a solicitor as to what legal steps, if any, you should take.

If you or your partner do not agree as to whether your child is capable to consent to a treatment, you should see a solicitor immediately. The Court is still required to consider cases where either of the parents does not consent to the treatment. If you feel this may be you or your partner or have any questions relating to how the Court considers transgender youth, call us immediately on 1300 0 FORGE or email us at [email protected].

LABOUR LAW

Sick staff vs employer’s rights

What do you do when one of your employees keeps getting sick, over & over again? Here are some basic tips about your rights and obligations.

It’s dreaded flu season! So, you got your flu shot and encouraged all your staff to get flu shots. You disinfected the entire office with Dettol and you even spray every person who comes into the office with a delightful shower of Glen 20. In fact, your business now looks like an anti-contamination chamber from the movie Outbreak. For all your efforts to keep people healthy and working, one person gets gastro and bam! Pretty soon the domino effect starts, and everyone is sick.

So, what do you do when one of your employees keeps getting sick, over and over and over again? No doubt it is impacting business productivity and your bottom line.  Whilst every business is different, and each has unique awards to deal with certain situations, here are some basic tips to guide you about your rights and obligations:

The standard rule of thumb is that each employee is entitled to 2 weeks of personal leave/carers leave each year. Let’s just call it sick leave.  If a person is employed on a casual basis, they are not entitled to any sick leave payments

Sick leave can be used for the employee themselves due to illness or injury, or it can be used if they have a direct dependent that they need to care for. This is usually children, a partner, or even a parent.  Friends are not included, nor are aunts and uncles etc

If an employee is sick, then their sick leave is deducted when they are paid. If the employee does not have any sick leave available, then the employer can process this as unpaid leave.  If the employer and employee agree, the additional leave can be paid from the employee’s annual leave balance.

If the employee is lying about being sick, then the employer does not have to pay sick leave, BUT the employer must have evidence of this before taking such a step.  (No doubt a written warning would also need to be given to the employee).

An employer cannot force an employee to obtain a medical certificate. The rule is that an employee can be asked to produce a medical certificate or sufficient evidence of the injury or illness. Sufficient evidence can be a signed statutory declaration from the employee outlining that they were sick and unable to attend work.

The employment contract and related policies and procedures are extremely important. Make sure the contract addresses when a medical certificate or sufficient evidence is required to be provided.  A standard rule of thumb is to require a medical certificate when:

  • The employee is away on either a Monday or Friday or on a day immediately before or after a public holiday or annual leave day;
  • The employee has 2 or more sick days consecutively;
  • There is a consistent pattern of taking sick leave (eg. Once the sick leave balance accrues enough hours for a ‘sick day’);
  • The excuse is always the same (eg. “I have food poisoning” for the 3 time in a row);
  • Otherwise, as the employer requests.

Can someone be fired because they are sick?  Yes and No.  An employer can fire an employee, if and only if:

  • The employee is sick because of a non-work-related illness or injury and they have been absent for a period of 3 continuous months or more;
  • The employee has been sick from a work-related illness or injury and they have been absent from work for a continuous period of 12 months or more.

If the employee is repeatedly sick, the employer can ask the employee to attend upon a medical practitioner selected by the employer to have them medically assessed for their fitness to perform the job.  The employee cannot refuse this direction.  If the medical assessment states that they are fit to work, then the employer can issue a written direction for the person to return to work.  If the report says they are not fit to continue to work, then the steps that need to be taken will depend on the length of time they will be unable to perform their usual work.  Anything over the 3-month or 12-month period could result in termination but if less, then the employer could risk discriminating against the employee on the basis of health.

Employers must be careful not to treat an employee differently because they have been off sick. We know it can be frustrating as a business owner, but discrimination claims pose a very real risk to the employer. If the employee is treated differently solely because of their illness, then the employee can bring an “adverse action” claim against the employer. This is the case even if an employee is still on probation. The key is that the employer must act in a manner that is “REASONABLE AND PROPORTIONATE” at all times when dealing with employees being sick.

Another consideration to be mindful of is being accused of discrimination or workplace bullying due to an employees illness. If employers are not sure whether they are doing the right thing, speak to a lawyer first. The difference can be a clean termination v thousands of dollars in legal fees and fines from Fair Work.  Be smart. Make good choices.

LABOUR LAW

Underpaying staff: What are your rights?

What are my legal obligations to pay employees? What are the rules for paying wages? We look into the Australian Laws regarding paying staff.

George Calombaris is back in the headlines for underpaying his staff to the amount of $7.83 million dollars. In addition to having to repay all these funds back to his employees, George was also hit with a $200,000 fine. Given that even Australia’s celebrities can fall down in this area, we thought now might be a good time to remind employers of some important issues they need to comply with when paying employees.

What are my legal obligations to pay employees?

Each file of business is governed by certain awards. Every award differs depending on the type of business. While each award will vary in terms of minimum rates etc, there are some items that generally remain the same.

The award will set a minimum wage rate.

The minimum wage for an award rate will vary and may be determined based on the following factors:

Whether the person is employed on a casual, permanent part-time, or full-time basis.

It is important to make sure a person’s basis of employment has been correctly identified. If an employee has worked for an employer for over 12 months the employer must advise the employee that they have the option to convert from casual to permanent part-time.

A casual employee will not be entitled to any personal leave or annual leave but will be paid extra for leave loading as they do not have access to leave.

Permanent part-time or full-time employees are paid less but they receive 4 weeks of annual leave a year and 2 weeks of personal leave each year.

The persons age

Usually commencing at 15 years old the employee’s minimum rate will increase every year until they reach 20 years of age, and then the rate will not change. There are certain exceptions for older employees which will not be dealt with in this article.

It is important to remember that the employees’ wage will increase with each birthday! As such the employer needs to ensure that they have processes in place to make sure they are prompted for times when they need to reassess the employees’ wages.

The type of work they are doing and their level of skill

Each award will list multiple types of jobs and skill levels that the person is expected to have in order to be paid a certain amount of money.  These levels can vary dramatically but when assessing which level the employee rates as it is important to pick the level that best suits the employees’ skill level.

If the employees’ job description reflects a portion of one level but a portion of a different level then the employee must be paid for the level that would receive the highest income. Further, it is important to remember that it is the actual work that is performed by the employee that is assessed and not what is listed in their employment contract or job description.

The day and time that the work is being conducted

Each award varies dramatically in relation to penalty rates but as a general rule the following may apply:

  • Monday to Friday normal hours (38 hours) will be normal hourly rate;
  • Overtime and Saturdays will be time and half.
  • Sunday’s will be double time.

Can I underpay an employee if we have an agreement?

The simple answer to this is no. An employee can not negotiate away their basic rights to minimum wage payments. An employee and employer can come to an agreement in relation to payment but only on the condition that the payment is not less than the minimum wage.

What are the rules for payment of wages?

Wages will need to be paid either weekly, fortnightly or monthly. Wages cannot be paid any later than monthly.

The employer must provide payslips for each payment.

If an employee takes annual leave then the employer must pay the total amount of the annual leave immediately prior to them taking their annual leave.

Do I have to pay leave loading? What is it?

Leave loading is an additional amount that the employer must pay to the employee prior to taking leave. An additional payment must be paid to the employee immediately prior to the leave being taken. Leave loading must be paid where the employee is being paid minimum wage. If the employer wants to pay the employee an amount of money to avoid being categorised as minimum wage then the employer must take into account leave loading.

If I underpay one person I would only have to repay that person if I get caught?

If you underpay your employees and get caught then it is not a simple case of Fair Work looking at that employee’s payments. In most cases Fair Work will assess the complaint of the employee but depending on the outcome, they may and usually do go through an audit every payment to every employee made by you as far back as when the business was established!

If you are found to have underpaid employees then you will have to rectify those underpayments and potentially run a high risk of a fine or penalty being administered. This could result in unforeseen debts that you may not be able to pay. The end result could be as disastrous as bankrupting your business.

What do I need to remember to protect myself with wage rises etc

At the beginning of every financial year, you need to go back and re-assess the minimum wage of each of the employees to ensure that their wages allow for leave loading. At this time also reassess their role descriptions to make sure they are still being categorised at the correct level. You need to create bring up systems as well to ensure that anyone under the age of 20 years receives the incremental pay rises each year on their birthday.

Finally, remember that it doesn’t take much to make sure that you are complying with the fair work act with just a few systems in place. The consequences if you don’t put in place smart systems and processes could be devastating to your business. If you are not sure about your obligations go onto www.fairwork.gov.au or alternatively speak to Forge Legal about your rights and obligations. Whatever you do don’t put your head in the stand like George Calombaris.

GENERAL LAW

7 easy tips to slash legal fees in half

Seven Easy tips to slash legal fees in half. We’ll go over the tips that could save you thousands on your legal fees.

The legal profession is one of few remaining professions that charges in units of time. This can be confusing for non-lawyers or those who have been fortunate enough to avoid needing a lawyer. To resolve some of the confusion in the simplest way possible, most law firms bill according to the time invested in completing a task. Let’s say, for example, a lawyer charges $400 per hour, and that lawyer prepares a letter for you which takes an hour, then you would be charged $400 for that letter. If that letter took 30 minutes to prepare then you would be charged $200 and the invoice for that letter would be sent after the work has been performed.

I will be the first to admit that this is an old-fashioned way of charging for a service, and it has been around since before I started practicing as a lawyer. It is however a method that has been tried, tested and is still commonly used in the legal profession.

So, if a lawyer has control over how much time it takes to complete a task, how can I reduce legal costs? A perfectly valid question of which most lawyers won’t answer. Regardless of the type of legal issues, these 7 easy tips will help to slash your legal fees.

Ask for itemised invoices

In practice today most law firms bill monthly and put little to no detail in the invoice other than a lump sum cost – period. Who in their right mind would pay any sizeable invoice within a timeframe without any information on it? If you’re lucky they might put the total of hours worked, without detail, without a breakdown leaving you with no idea where your money is being spent, or on who. It amazes me the number of firms that focus on the details running your legal matter but overlook detail when it comes time to your invoice.

If you are subject to this kind of billing practice, you should seriously consider having a conversation with your lawyer. Law firms need to be accountable for their legal fees. If there is no detail or justification, there is nothing to hold them accountable to.

If you are working with a law firm that provides itemised invoices, then before you begrudgingly pay the invoice, spend some time looking through your invoice. When you receive your bill, familiarise yourself with each of the component like:

  1. the units – this is the time invested to complete a task
  2. the description – this should be a detailed breakdown of what your lawyer has done for you
  3. the author – is the person who completed the task
  4. the outlays – these are the costs for printing, scanning, 3rd party fees and the like

It may be hard to believe but lawyers are also susceptible to human error and sometimes we do make mistakes when it comes to billing our clients. Honest mistake or not, you should be vigilant as client. If something looks unusual or wrong, you need to ask about it. Every law firm should have an accounts department or accounts officer who can answer your question and investigate what may be a genuine mistake. Law firms should not charge for you questioning your invoice.

Get invoiced weekly

When you do raise issue, it is best to raise your billing question sooner rather than later. This will ensure the task in question is fresh in the mind of the lawyer responsible. This is why monthly bills need to be avoided – nobody remembers.

Be prepared

I cannot over emphasise how important it is to be prepared for every interaction with your lawyer. Some of my most cost-effective matters are those with clients who over-prepare and really listen when asked to gather certain information or complete a task. The more information you have available to you, the less investigating and chasing your lawyer must do on your behalf.

One strategy which I find helps most clients is to take notes, not only about things you need to do but questions you want to ask your lawyer. This will help maximize the benefit to you during each interaction with your lawyer.

Avoid reciting War and Peace

Especially in regards to Family Law, we do appreciate hearing about the ins and outs of your matter and life in general, however we will be your most expensive friend. In all sincerity, I really enjoy hearing about my clients’ day to day life, their friends and their family but when this is intertwined with discussion about your matter, family law solicitor costs can skyrocket.

Whether face to face, by phone or in an email every interaction with your lawyer is billable (with few exceptions). When you keep your communication focussed to progressing your matter or in direct response to a query asked of you by your lawyer, you will reduce legal costs substantially.

Do not write 1,000-word email venting your frustration in response to a question that would need a simple 10-word answer. As a lawyer, we need to read every single word to make sure we have understood your instructions. Read and listen to what your lawyer is saying or asking of you and limit your communications to progressing your matter.

Make your conversations effective, a standard rule of thumb that I am sure you will not forget – when you pay 14 cents a second (for a lawyer who charges $500 per hour), every second counts.

Separate principle from commercial decisions

At different points in your matter, you will be given guidance and be asked to make decisions, some easy others not so much. The most difficult decisions you will be asked to make are those which challenge your principles and your expectations of your outcome. Our job as lawyers is to protect our clients and achieve the best outcome possible in the circumstances. We give you advice and options and you make decisions based on that advice.

With most matters, there comes a point when you need to make a decision that isn’t aligned with your principles, expectations or values but can resolve your matter. Sometimes it may be worthwhile to swallow your pride in the interests of finalizing your matter and avoiding further legal costs. This is when your lawyer will start talking to you about ‘commercial viability’ and proceeding with your matter while incurring further costs. In layman’s terms, you can continue to pay legal fees to prove your point or you can resolve your matter quickly to reduce legal fee. Sometimes this is easier said than done, especially in matters of separation where people are emotionally hurt.

In these cases, I will be the first to caution clients against running ‘principle’ arguments which only seem to increase divorce lawyer costs, regardless of whether you have proven your point or achieved your desired outcome.

Avoid Court where possible

It sounds ridiculous when a lawyer tells you to avoid going to Court, however, a lawyer with your needs and interests in mind should be advising you about all the possible options before proceeding to Court. Granted there are some matters which warrant the intervention of the Court though these are few and far between. Most matters are capable of resolution through collaborative and strategic negotiations or alternative dispute resolution processes such as mediation or arbitration.

The minute you step in front of a Judge, not only are you faced with the burden of significant legal fees, but you also lose an element of control in that you are at the mercy of the Judge, who will decide how your matter resolves. If that isn’t enough to encourage you to exhaust all your options, then consider the hours a lawyer labour’s over court documents not to mention time your lawyer spends in court. Putting some thought into the dollars and cents involved when going to Court should motivate you to reconsider whether Court is right for you.

Consider your fee arrangements.

One very common question that almost every single client has asked or will ask myself or my colleagues is, how much will this cost?

Hourly Rate – Because most law firms charge on an hourly basis, the answer is usually cliché such as how long is a piece of string. Unfortunately, this is the reality of the situation as it is difficult to tell how long any task will take and, based upon an hourly rate, it is near impossible to give an accurate estimate of costs. The only way to balance this method is by reading the invoices in detail, and questioning time entries as to its relevance to your matter.

Fixed Fee – fixed fee options give more certainty of costs to a point, be very mindful of ‘extra’ or hidden charges. For instance, fixed fee conveyancing that exclude searches or printing costs. Also, be mindful of the description of that Fixed Fee option and really look at what is included in the fixed fee. It is wise to consider in advance if your matter would be a run of the mill basic matter or one that is extremely complicated. If you believe it to be extremely complicated, you should scrutinize the ‘fixed-fee’ fine print to avoid unpredictable additional costs later.

Cost assessed – This is a very old school method of estimating your legal costs, commonly performed after the matter has started, or in some cases even after it has been finalised. From an outside perspective looking in it resembles an independent contractor getting a few brief details of your matter, picking up the printed hardcopy of your file and magically knowing how much on a scale it should cost.

No win – no fee – The ultimate smoke and mirrors slogan, commonly misinterpreted for we do all the work, you do nothing, and get all the money (excluding a small fee). This is rarely the case, with hidden fees and ridiculous percentage cuts in the law firms favour. Not to mention that you must also do a lot of the paperwork.