Binding Financial Agreements PLUS and Consent Orders PLUS packages

Prior to purchasing an AussieLegal product or service, we ask you to register an account. Registration will provide you with a member page where you can access your documents and additional information. Importantly, you may also upload documents to your member page.

For example:

1. Your completed questionnaire;
2. Your completed Application for Consent Orders (not applicable for the BFA PLUS package);
3. Supporting documents such as bank statements, rates notices, superannuation letters etc;
4. Any other document that may be relevant to the process or application.
   

AussieLegal may also upload draft documents to your member page for your review. This method of document exchange is more secure and efficient.

Binding Financial Agreements PLUS

There are 3 stages in the BFA PLUS process:

1. Questionnaire: We ask you to complete the questionnaire in Word format (available at the time of purchase) including financial disclosure and instructions, and return it to AussieLegal. AussieLegal then extracts the information and prepares a comprehensive BFA draft based on your questionnaire. This is email to you for comments and updates, if required. This part of the process is quite flexible and there is plenty of allowance for making changes and adding missing information.
2. Review by solicitors: When you are both happy with the draft BFA, it is forwarded to your assigned solicitors for their review. They will review the document and contact each of you separately to discuss the agreement. Solicitor’s time is valuable. There are a few circumstances which can delay the process and require more time by the solicitors:

• • If the parties change their minds; and / or
  • If the terms agreed by the parties requires further discussion; and / or
  • If there is some complication that arises after the discussions which requires re-drafting and further discussion between the solicitors; and / or
  • Where the parties change their minds after the solicitor's certificates are issued and the certificated need to be re-issued; and / or
  • Where, in the opinion of either / or the advising solicitors, the BFA should be translated into the native language of either party, and the translator should act as an interpreter during the advisory process (NAATI certified translator & interpreter) then the cost of the translation and interpretation is for the account of the parties.

In these circumstances, the solicitors [reasonably] will ask for additional fees at an hourly rate of $350+GST per hour.

The solicitors will alert you to this situation, and request fees directly from the parties.
In the vast majority of cases, the BFA PLUS process is completed and falls within the price quoted of $2,975 including GST.

Superannuation splitting: In the event that super is to be split, to meet procedural fairness rules, your solicitor will require an additional fee of $125 + GST to cover direct correspondence with your super fund

3. Certification & signing: When you are both happy with the final draft, and the solicitors are happy, the solicitors will send you a formal Letter of Advice summarising your discussion. Each solicitor will ask each of you to sign and return a 1 page acknowledgement confirming you have read and understand the advice. The solicitors will then send each of you a 1 page Certificate. Print the 2 certificates, attach them to a printed copy of the final draft, visit a JP and sign the agreement. Scan and send a copy of the signed agreement and the 2 certificates to each solicitor for their records.

IMPORTANT: There is no guarantee that the solicitors will issue a certificate. If they are not comfortable with the proposed arrangements, and no compromise can be satisfactorily reached, then the solicitors may not issue the certificate. If this is the case, legal advice has been given and there is no possibility of a refund of any part of the service.

There are 3 stages in the Consent Orders process:

1. Questionnaire: We ask you to complete the questionnaire in Word format (available at the time of purchase) including financial disclosure and instructions, and the Application for Consent Orders form (Q1 to Q41 only where relevant) (available at the time of purchase) and return these to AussieLegal by uploading through your member page. AussieLegal then extracts the information, edits and updates the Application for Consent Orders, and prepares Draft Consent Orders based on your questionnaire. These are emailed to you for comments and updates, if required. This part of the process is quite flexible and there is plenty of allowance for making changes and adding missing information.
2. Review by solicitors: When you are both happy with the draft documents, they are forwarded to your assigned solicitors for their review. They will review the documents and contact each of you (the parties to the agreement) separately to discuss the documents.
   Solicitor’s time is valuable. There are a few circumstances which can delay the process and require more time by the solicitors:
   

• • If the parties change their minds; and / or
  • If the terms agreed by the parties requires further discussion and negotiation; and / or
  • If there is some complication that arises after the discussions which requires re-drafting and further discussion between the solicitors; and / or
  • Where the parties change their minds after the solicitor's certificates are issued and the certificated need to be re-issued; and / or
    
  • Where, in the opinion of either / or the advising solicitors, the documents should be translated into the native language of either party, and the translator should act as an interpreter during the advisory process (NAATI certified translator & interpreter) then the cost of the translation and interpretation is for the account of the parties;

In these circumstances, the solicitors [reasonably] will ask for additional fees at an hourly rate of $350+GST per hour.

The solicitors will alert you to this situation, and request fees directly from the parties.
In most cases, Consent Orders PLUS process is completed and falls within the price quoted of $3,475* including GST.

Superannuation splitting: In the event that super is to be split, to meet procedural fairness rules, your solicitor will require an additional fee of $125 + GST to cover direct correspondence with your super fund

3. Certification & signing: When you are both happy with the final documents, and the solicitors advise you accordingly, the solicitors will send you a formal Letter of Advice summarising your discussion. They will ask to sign and return a 1 page acknowledgement confirming you have read and understand the advice. The solicitors will then send each of you a 1 page Certificate.
The solicitors will instruct you on the formal part of the process to ensure it is signed properly.
The documents may then be filed electronically by either advising solicitor.
4. Court Requisitions*: The application for Consent Orders is an application to the Family Court or Federal Circuit Court. All applications are reviewed and considered by the relevant Court and must be approved by the Court.

IMPORTANT: There is NO GUARANTEE that an application will be accepted and stamped by the Court.

Formal legal advice and certification, as part of the process with your assigned solicitors, is designed to give the application the greatest chance of success.
In cases where the Court is not satisfied, or the Court requires additional information or clarification on a particular order, they may issue a ‘Requisition’ (a request to provide more information).

If there is a Requisition form the Court, your assigned solicitors will require additional fees to address the requests from the Court*.

We assume that both parties are in full agreement about the terms of the BFA.
This scope of the service offered by AussieLegal in conjunction with our panel of law firms does not allow for renegotiations between the parties. Small changes are fine, but in some cases, the re-drafts and discussions have taken 6 months. In such cases, additional fees are charged by the solicitors.

Full disclosure of assets and liabilities

Please include all a/c numbers for bank accounts, mortgage accounts and super accounts.
For separation agreements involving the transfer of real estate, please scan and email a copy of the rates notice showing the certificate of title (“CT”) numbers.
Full disclosure is very important. The solicitors will not certify a BFA if there is not full disclosure. This is for the protection of the parties and the law firms from potential future litigation.

Fully explain what you wish to accomplish through a BFA or Consent Orders

In the questionnaire, please set out in bullet point form what you aim to accomplish. We are very experienced at interpreting instructions. We will ask you for clarification if there is a vague instruction. It is very important to have the draft agreement as complete as possible before it is sent to the advising solicitors. If in doubt. Please call AussieLegal on 1300 728 200 or email us at info@aussielegal.com.au to ask questions. AussieLegal is not permitted to provide legal advice, but we can guide you and provide information that may assist you.

Probate PLUS and Letters of Administration packages

Prior to purchasing an AussieLegal product or service, we ask you to register an account. Registration will provide you with a member page where you can access your documents and additional information. Importantly, you may also upload documents to your member page. For example:

1. Your completed questionnaire;
2. A scan copy of the will and any codicils (this may not be relevant for the Letters of Administration package);
3. A scan copy of the death certificate;
4. Any other document (e.g. a scan copy of the rates notice if there is real estate as part of the estate) that may be relevant to the process or application.
5. AussieLegal may also upload draft documents to your member page for your review. This method of document exchange is more secure and efficient.
   

Process:
There are 3 stages in the Probate and Letters of Administration process:

1. Questionnaire, will and death certificate: We ask you to complete the questionnaire in Word format (available at the time of purchase) and return it to AussieLegal along with a scan copy of the will, codicils and death certificate.
2. Preparation of application documentation: AussieLegal will review the information and prepare the draft application documentation. We will email these to you for your review along with a copy of the advertising instructions (not applicable in SA and WA).
3. Signing & Filing: When you have completed the advertising, email AussieLegal and we will update the forms and email the final draft and signing and filing instructions. The final documents may then be filed at the relevant Probate Registry.

Additional fees for Letters of Administration PLUS:
There are a few circumstances which can delay the process and require more time to complete the process by AussieLegal:

1. If the family arrangements are very complex in cases of intestacy (no will of the deceased); and / or
2. If the extended family of the deceased is large and it is necessary to create ‘consent’ forms for all members; and / or
3. If the process is drawn out for an unreasonable amount of time because of delays; and / or
4. If there is some complication that arises which requires significant re-drafting and further discussion.
   

In these circumstances, AussieLegal [reasonably] will ask for additional fees at an hourly rate of $200 +GST per hour. AussieLegal will alert you to this situation prior to incurring additional fees.

Australian Consumer Law

Under Australian Consumer Law, you as a customer, are not entitled to a refund of a service or product if you simply change your mind.

For more information: https://www.accc.gov.au/consumers/consumer-rights-guarantees/cancelling-a-service 

Refund Policy

BFA PLUS / SEPARATION BFA PLUS

PROBATE PLUS / LETTERS OF ADMINISTRATION PLUS

ALL D.I.Y. LEGAL KITS

No refunds will be provided at any time once the order is processed.