Terms & Charges
Foreign Law Consultant
$575.00 per hour
$500.00 per hour
$500.00 per hour
$500.00 per hour
$450.00 per hour
$380.00 per hour
$300.00 per hour
$250.00 per hour
The above fee rates are calculated on minimum 6 minute units and are GST exclusive.
*As at February 2018.
1. Objective of Policy
The objective of this Policy is to protect the privacy of individuals dealing with Us and to explain how We collect, use, disclose and store Personal Information in accordance with the APPs. This Policy also describes why We collect Personal Information and how You can access and correct Personal Information about You. This Policy does not cover information collected about employees.
2. Type of Personal Information collected
We may collect Personal Information or opinions about You in the normal course of Our dealing with You. This Personal Information is collected in order to provide You with legal services. The Personal Information may include Your name, gender, contact details, IP address, bank and credit card details, employment situation, financial information or other information that is required by Us to provide You with legal services. No Sensitive Information will be collected without Your consent.
3. How We collect Personal Information
We collect Personal Information by various means, including:
– directly from You in the course of receiving instructions from You and from Our discussions and correspondences with You;
– from third parties, such as Your accountant, a real estate agent if You are buying or selling a property, other lawyers who may act for You in different matters and Your bank;
– phone enquiries, mail, fax and email;
– when You attend a seminar or event that we are hosting or presenting;
– in situations You provide information relating to related parties and parties against whom proceedings are conducted, relevant to the advice or services We are providing; and
– if we undertake a search or investigation.
Personal Information provided to Us will always be handled by Us in accordance with this Policy and the APPs, regardless of who provides it.
4. Purposes for which Personal Information is collected
We collect Personal Information for one or more of the Primary Purposes. We also collect Personal Information for one or more of the Secondary Purposes but only if it is related to one or the other of Primary Purposes.
5. Notification of Collection of Personal Information
If Personal Information about You is collected from someone other than You and if We are notified that You are not aware that We have collected the Personal Information then We will take reasonable steps to notify You that the Personal Information has been collected and will be dealt with in accordance with this Policy and the APPs.
6. Use or Disclosure of Personal Information
We provide legal services to Our clients. In order to obtain these services, You will need to submit Personal Information to Us. However, Personal Information provided by You for the purpose of obtaining any legal services may be tracked, edited and/or disclosed in order to:
– provide You with the services You have requested;
– help Us develop, improve, manage and administer all of the services We provide to You;
– comply with the law;
– investigate, respond to and defend claims made against, or involving Us;
– enforce a contract or agreement You have with another party; and
– enforce a contract or agreement which We have with You.
We may also use or disclose Your email address or other contact details to third parties to:
– send You follow-ups on services You have enquired about; and
– keep You informed of changes to the law and the services offered by Us.
Where the provision of legal services to You requires Us to disclose Your Personal Information to third parties, Your consent will be implied when You engage Us unless You tell Us otherwise.
We also use or disclose the Personal Information that We collect:
– to Your accountant if, for instance, the matter in which We act for You may have taxation or other financial consequences;
– barristers and expert witnesses such as doctors, engineers etc; and
– other law firms who act as Our agents.
7. Cross-border Disclosure of Personal Information
We disclose Personal Information to lawyers representing Our clients in countries such as Austria, Germany and Switzerland. We use Our best reasonable endeavours to ensure that such lawyers do not breach the APPs. We will only disclose Your Personal Information to persons or bodies external to Us where permitted by the Act, including in the following circumstances:
– where You consent to the disclosure;
– where the overseas lawyers provide Us with services which enable Us to complete a transaction or provide You with legal services You have requested; and
– where required by law such as under a subpoena issued by a court.
Although We seek to deal with reputable third parties, We cannot control, and will not be liable for, any use of Your Personal Information by any third party to whom Your information is sent with Your consent.
8. Direct Marketing
We may use or disclose the Personal Information for direct marketing purposes to inform You of, among other things, Our services and areas of practice or with information which may be of particular interest to You or Your business. If We have received Personal Information about You from third parties, We may use or disclose it for direct marketing if You have consented to receiving direct marketing or it is impracticable to obtain that consent. We will also give You the opportunity to opt out of receiving direct marketing communications. We do not disclose Your Personal Information to any third party for the purposes of allowing them to market their products or services to You.
9. Security of Personal Information
We maintain security of digital records through password protection, network security, restricting access to Personal Information to authorised personnel and internal policies in relation to use of computers. However, no data transmission over the internet or information stored on servers accessible through the internet can be guaranteed to be fully secure. We also maintain security over physical records through external and internal premises security, storing documents in security cabinets and restricting access to the cabinets through a passcode. We also obtain confidentiality undertakings from all Our employees not to disclose Your Personal Information.
10. Retention of Personal Information
We retain Personal Information for a period of six years from the time Our dealings with You become inactive. Ordinarily, We will destroy the information held at the end of six years or any reasonable time thereafter.
11. Access to Personal Information
You can request to access the Personal Information We hold about You if it is stored by Us. The information will be provided within a reasonable time after receiving Your request, at a reasonable cost based on time spent in retrieving the information. Requests for information may be sent to Us using any of the contact details provided in this Policy.
– refusing access is permitted by law, such as where the request for access is frivolous or vexatious, giving access to information is unlawful, or if We suspect unlawful activity or anticipated legal proceedings with You;
– We reasonably believe that giving you access would pose a serious threat to the life, health or safety of any individual or to public health or public safety;
– giving access would have an unreasonable impact on the privacy of others;
– the information could reveal the intentions of a party in negotiations;
– giving access could prejudice the taking of appropriate action in relation to unlawful activity; and
– giving access could reveal information concerning relevant values or importance in a commercially sensitive decision-making process.
If We refuse to provide information, We will provide written notice to You within reasonable time which sets out the reasons for refusal unless it is unreasonable to do so.
12. Quality of Personal Information
We are committed to ensure that the Personal Information collected or used or disclosed is reasonably accurate, up-to-date and complete.
13. You may seek correction
If You become aware that the Personal Information stored by Us is wrong, You have the right to have such Personal Information rectified. This facility is provided free of charge to You. You may rectify the Personal Information by providing any necessary documentation. Such details may be supplied by using any of the contact details provided in this Policy. The relevant Personal Information will be corrected within a reasonable time after receiving all necessary documents.
14. Notification of correction
If We correct Personal Information about You that We previously disclosed to another organisation and if You request Us to notify that other organisation of the correction, We will take reasonable steps to give that notification unless it is impracticable or unlawful for Us to do so.
The APPs allow You to deal with Us without the need to identify Yourself or by using a pseudonym. However, considering the nature of Our practice, it is impracticable for Us to deal with You if You have not identified Yourself. If We are not able to collect Your Personal Information, We may not be able to provide appropriate legal services to You or to any organisation with which You are connected.
16. Private complaints and enquiries
We welcome feedback about privacy issues and will endeavour to attend to all questions and complaints promptly. You can contact Us about any privacy issues. If You are not satisfied with Our response, a complaint can be lodged with the Australian Information Commissioner on http://www.oaic.gov.au/privacy/making-a-privacy-complaint or You can call the OAIC enquiries line on 1300 363 992.
In this Policy:
– “Act” means the Privacy Act 1988 (Cth).
– “APPs” means the Australian Privacy Principles as set out in Schedule 2 of the Act.
– “Company” means Schweizer Kobras Pty Ltd ABN 80 323 580 453.
– “Personal Information” means information or an opinion, whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion. Examples include name, address, phone number, email address, credit card number, bank account number, physical traits, hobbies, usage patterns, family members and income.
– “Primary Purposes” means any or all of:
– providing legal services to You;
– responding to Your enquiries;
– receiving feedback and dealing with complaints;
– direct marketing services;
– providing Our publications or other information; and
– inviting You to Our functions and presentations.
– “Secondary Purposes” means any or all of:
– confidential alternative dispute resolution processes;
– the establishment, exercise or defence of a legal or equitable claim;
– our having reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to Our functions or activities has been, is being or may be engaged in; and
– our being authorised by or under an Australian law or a court/tribunal order.
– “Sensitive Information” includes information about Your racial or ethnic origin, health, religious beliefs, criminal record, membership of a trade union or membership of a professional or trade association.
– “We” and “Us” means the Company, and “Our” has a corresponding meaning.
– “You” means an individual dealing with Us, and “Your” and “Yourself” have corresponding meanings.
18. Contact Details
Designation: The Managing Partner
Telephone: +61 2 9223 9399
Fax: +61 2 9223 4729
Post: PO Box H283, Australia Square NSW 1215
19. Date this policy was last amended:
22 July 2015