Terms of Engagement
MATILDA MIGRATION LEGAL PTY LTD
ACN 690 895 553
(53 Great Buckingham Street, Redfern NSW 2016)
Effective Date: January 2026
This document sets out the terms of our engagement and the basis on which we will provide legal services to you ("the Client", "you"). It is an important document that complies with the disclosure requirements of the Legal Profession Uniform Law (NSW) ("the Uniform Law").
Please read this document carefully. We recommend you seek independent legal advice if you do not understand any part of this agreement.
1. INTRODUCTION AND YOUR ENGAGEMENT
1.1 Our Firm
(a) Matilda Migration Legal Pty Ltd ("the Law Firm", "we", "us") is an incorporated legal practice regulated by the Law Society of New South Wales under the Uniform Law.
(b) Our legal practitioners are admitted to the legal profession, hold current Australian practising certificates, and are subject to the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015.
1.2 Relationship with Matilda Migration Pty Ltd
(a) You acknowledge that you have been referred to us by Matilda Migration Pty Ltd ACN 673 427 319.
(b) This is a separate and direct engagement between you and the Law Firm. The Law Firm is solely responsible and liable for the provision of the legal services outlined in this agreement.
(c) For the purpose of providing a seamless and efficient service, you confirm your consent for Matilda Migration Pty Ltd to share your personal information, documents, and case details with us under the terms of the Matilda Migration Privacy Policy. We will handle this information in accordance with our strict professional duties of confidentiality and legal professional privilege.
2. Legal Services
2.1 Legal Services
(a) We will provide legal services to you in relation to your immigration matter. The general scope of these services includes, but is not limited to:
- Providing legal advice on Australian migration law, including interpreting legislation, case law, and policy.
- Advising on prospects of success, legal risks, and strategic options available to you in connection with your partner visa application.
- Providing legal oversight and supervision of your matter, including file reviews conducted under the supervision of the Principal of the firm.
- Reviewing and approving applications and supporting materials for legal accuracy, regulatory compliance and quality assurance purposes.
- Fulfilling our professional obligations as a law practice, including managing conflicts of interest, maintaining legal professional privilege, and complying with applicable costs disclosure.
- These services are advisory and supervisory in nature only and do not include the Law Firm having carriage of your matter unless expressly agreed to in writing.
(b) Our services do not include:
- Acting for you in merits review proceedings, appeals or judicial review proceedings. If you require assistance with these services, we may refer you to an external law firm. Any such referral will be subject to a separate engagement between you and that firm, and we will not be responsible for the advice or services provided by that firm.
- Our services do not include administrative tasks. This includes, without limitation, document collection, form completion, uploading documents to government portals, scheduling appointments, or general file administration. Any such administrative services are provided by Matilda Migration Pty Ltd.
2.2 Who Will Carry Out the Work
(a) The legal services provided under this agreement will be carried out under the supervision and responsibility of Tess McLinden, Principal Solicitor of Matilda Migration Legal Pty Ltd.
(b) The lawyers responsible for the work on your case and which you appoint to provide the legal services described in this agreement are:
- Tess McLinden, admitted to practice by the Supreme Court of NSW, the principal lawyer of Matilda Migration Legal Pty Ltd who is supervising all legal work on your case. LPN 5515273.
- Niamh Mooney, admitted to practice by the Supreme Court of NSW, to act as your solicitor pursuant to this Service Agreement. LPN 5515274.
- Gabriello White, admitted to practice by the Supreme Court of SA, to act as your solicitor pursuant to this Service Agreement. LPN 5515277.
3. Your Obligations
(a) The Client agrees that the obligations set out in clause 4 of the Matilda Migration Pty Ltd Service Agreement are incorporated into, and form part of, this Agreement as if set out in full in this Agreement.
(b) The Client confirms that they have been provided with a copy of the Matilda Migration Pty Ltd Service Agreement and have had an opportunity to review it before entering into this agreement.
4. Costs Disclosure - Professional Fees and Disbursements
4.0 Timing of Costs Disclosure
(a) This costs disclosure is provided to you prior to, or as soon as reasonably practicable after the Law Firm’s engagement in your matter in accordance with the Legal Profession Uniform Law (NSW).
4.1 Basis of Charging
(a) The professional fees for our legal services will be charged as per the table below which distinguishes between fees paid for services provided by Matilda Migration Pty Ltd (Matilda services) and fees charged by the Law Firm (legal services only):
(b) Estimate of total legal costs - based on the scope described above, our total professional fees are estimated to be $1,350 (inclusive of GST), subject to any agreed variation (the "Fee Proposal").
(c) The professional fees set out in the Fee Proposal cover all professional time spent by our legal staff on your matter within the defined scope. They do not include disbursements (see clause 4.3).
(d) If the scope of work changes significantly or if the matter becomes unexpectedly complex, we will provide you with a written variation to this costs agreement before incurring any additional costs.
4.2 Payment Arrangement
(a) For administrative convenience, you have agreed under the Matilda Migration Pty Ltd Service Agreement to pay amounts for legal services to Matilda Migration Pty Ltd.
(b) You irrevocably authorise Matilda Migration Pty Ltd to pay our invoices for legal fees and disbursements from the funds held in its client account on your behalf.
(c) We will issue our invoices to Matilda Migration Pty Ltd, which will pay them on your behalf. Payment by Matilda Migration Pty Ltd to the Law Firm will fully discharge your obligation to pay us for the amount specified in that invoice.
(d) You acknowledge that the Law Firm does not hold client money on trust in this arrangement.
(e) You acknowledge that Matilda Migration Pty Ltd does not hold or receive trust money on behalf of the Law Firm.
(f) The funds held by Matilda Migration Pty Ltd are held pursuant to its own commercial arrangements with you and are not held as trust money for, or on behalf of, the Law Firm within the meaning of the Legal Profession Uniform Law.
4.3 Disbursements
(a) Disbursements are expenses we incur on your behalf.
(b) We do not incur or pay any disbursements on your behalf. This means that we will not, without your prior written approval: pay government fees or application charges, pay fees to third parties, or otherwise incur any expense in your name or on your behalf.
4.4 Goods and Services Tax (GST)
(a) Our fees and disbursements are quoted inclusive of GST at the prevailing rate.
5. Your Rights Regarding Legal Costs
Under the Uniform Law, you have the right to:
(a) Negotiate a costs agreement with us;
(b) Receive a bill of costs from us;
(c) Request an itemised bill within 30 days after receiving a lump sum bill;
(d) Be notified of any substantial change to the matters disclosed in this agreement;
(e) Seek assistance from the NSW Legal Services Commissioner if you have a dispute about legal costs.
For more information, you may contact the NSW Legal Services Commissioner or visit their website. Avenues for disputing legal costs include costs assessment by a court-appointed assessor and mediation.
6. Confidentiality and Legal Professional Privilege
6.1 Our Duty of Confidentiality
(a) We are bound by a strict professional duty to keep all information you provide to us confidential. We will not disclose your information without your consent, unless compelled by law.
6.2 Legal Professional Privilege
(a) Communications between you and us for the dominant purpose of us providing you with legal advice, or for use in current or anticipated legal proceedings, are protected by legal professional privilege. This means they cannot be disclosed to a third party (including a court or government department) without your consent. This is a key protection that applies to our services as a law firm.
7. Professional Indemnity Insurance
(a) The Law Firm holds professional indemnity insurance that meets the requirements of the Uniform Law. Our insurance is maintained with the LawCover scheme, which provides the approved policy for legal practices in New South Wales.
8. Complaints and Dispute Resolution
8.1 Internal Procedure
(a) If you have a concern or complaint about our legal services, please first raise it with the Principal Solicitor responsible for your matter. If you are not satisfied with the response, you can contact our Complaints Manager:
Complaints Manager
Matilda Migration Legal Pty Ltd
53 Great Buckingham Street Redfern NSW 2016
Email: niamh@matildamigration.com
Phone: +61 433 588 422
(b) We will acknowledge your complaint within five (5) business days and aim to provide a substantive written response within twenty-one (21) days.
8.2 External Body — NSW Legal Services Commissioner
(a) If your complaint cannot be resolved internally, you have the right to contact the Office of the Legal Services Commissioner (OLSC) of New South Wales.
Contact Details:
Office of the Legal Services CommissionerPO Box K1024, Haymarket NSW 1240Phone: (02) 9377 1800 or 1800 242 958Website: www.olsc.nsw.gov.au
9. Termination of this Agreement
9.1 Termination by You
(a) You may terminate this agreement at any time by giving us written notice.
9.2 Termination by Us
(a) We may terminate this agreement and cease to act for you for just cause and on reasonable written notice. Just cause includes:
1. Your failure to pay our costs in accordance with this agreement;
2. Your failure to provide us with adequate instructions;
Your provision of false or misleading information;
A conflict of interest arising; or
A breakdown in the relationship of trust and confidence.
- Your failure to pay our costs in accordance with this agreement;
- Your failure to provide us with adequate instructions;
- Your provision of false or misleading information;
- A conflict of interest arising; or
- A breakdown in the relationship of trust and confidence.
9.3 Consequences of Termination
(a) If this agreement is terminated, you will be liable for all legal fees and disbursements incurred up to the date of termination.
(b) We may retain your documents and file (exercise a "lien"), to the extent permitted by law, subject to our professional obligations, until all outstanding costs are paid in full.
10. Document Retention
(a) We will retain your file and documents for a minimum period of seven (7) years after your matter is finalised. After this period, we may securely destroy the file without further notice to you.
11. Privacy
(a) We collect, use, and store your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Our handling of your information is detailed in our Privacy Policy, which you have agreed to separately.
12. General Provisions
12.1 Governing Law
(a) This agreement is governed by the laws of New South Wales, Australia. You and the Law Firm irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales.
12.2 Entire Agreement
(a) This document and our Privacy Policy constitute the entire agreement between you and the Law Firm for the provision of legal services.
13. Acknowledgement and Acceptance
By checking the acceptance box and proceeding with our services, you acknowledge and agree that you:
(a) Have read, understood, and agree to be bound by this Costs Agreement and these Terms of Engagement.
(b) Understand the basis on which our legal costs will be calculated and that the specific fees and scope of work have been set out in the fee proposal outlined above.
(c) Have been informed of your rights regarding legal costs as required by the Legal Profession Uniform Law (NSW).
(d) Authorise the payment of our invoices via the client account held by Matilda Migration Pty Ltd.
(e) Have been given the opportunity to ask questions or seek independent legal advice on this agreement before accepting it.
(f) Have been given the opportunity to negotiate the agreement before accepting it.
(g) Understand that these Terms may change from time to time as required by us. Any changes to these terms will not apply to your matter unless agreed in writing.