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FEES TAB

We’re here to make things easy for you, offering a retainer with either a fixed fee or an hourly rate depending on the scope of work we’ve agreed upon together. You’ll always know upfront what our fees are and, before we get started, we’ll send you a written Costs Disclosure if your matter is under $3,000, or a signed Costs Agreement for more involved matters. This is all part of meeting our obligations under the Legal Profession Uniform Law.

Fixed fees are generally payable in two instalments, 60% at the commencement of the project and 40% when the work is substantially completed or ready for filing. Litigation fixed fees are generally payable at the commencement of each stage. However, we are always open to discussing a payment plan with you.

We may offer an hourly rate for work where the scope of work is uncertain or likely to change, such as in complex or ongoing matters where it is difficult to predict the time required. We use this approach for matters involving litigation, negotiation, or cases where the issues are not clearly defined at the outset and the amount of work required cannot be reasonably estimated in advance.

Hourly rate fees are calculated based on the time spent on your matter and you’ll receive regular invoices detailing the work performed and the time recorded. This arrangement offers transparency and flexibility, ensuring you only pay for the work actually undertaken as your case progresses.

Any cost estimate we provide is not binding on us and is based on your current instructions and our experience of similar matters. Our costs may exceed this estimate if circumstances change. If the scope of work changes significantly, we will update our estimate.

It may be necessary for us to engage the services of another lawyer, a barrister, or other experts on your behalf to provide specialist advice or services. We will consult you as to the terms of their engagement. You may be asked to enter into a costs agreement directly with them.

We will hold in trust for payment of our costs, disbursements, and internal expenses disclosed in your Costs Disclosure  or signed Costs Agreement.

We may request that you top up the retainer during the matter. Any remaining funds will be returned on completion of the matter or termination of your Costs Disclosure or Costs Agreement.

You or Gerard Kell & Co may terminate the retainer at any time, subject to the Legal Profession Uniform Law and our professional obligations. If you wish to end our engagement, please notify us in writing.

Fee Schedule

All fees are subject to Cost Disclosure or Costs Agreement. Stated fee includes general disbursements up to $100 and filing fee, does not include barristers’ (counsel) fees or additional costs for expert reports, personal service or other disbursements over $100.

Matter Description Fee*
Divorce Joint application for divorce $1,350
Divorce Sole application for divorce $1,850
Divorce Sole application with dispensation of service/substituted service. Should personal service be required, then at cost. $2,640
Consent Orders Parenting consent orders $2,975
Consent Orders Property consent orders $3,750
Consent Orders Combined parenting and property consent orders. Superannuation splitting by consent add $750 $4,450
Financial Agreement Take instructions, provide advice, draft Financial Agreement, attend to execution and sign Solicitor’s Certificate. $3,750
Mention / Directions Hearing All work up to attendance at court event (up to half a day) including taking instructions. $1,745
Interim Defended Hearing All work for interim defended hearing court event including taking your instructions and preparation and attendance up to one day.
Scope of work:
Drafting affidavit and/or any additional documentation, assisting you to comply with any orders or directions from the first court event, drafting and filing proposed Minutes of Orders, reviewing and filing any expert reports. Communicating with you, experts, Counsel, the other party’s legal representative and the Court. Preparing Brief to Counsel, drafting and filing Case Outline. Counsel’s fees for preparation and appearing at the hearing are additional and paid directly to Counsel.
$3,490
Trial readiness hearing All work for interim defended hearing court event including taking your instructions and preparation and attendance up to half day. $1,745
Final hearing Preparation of Trial Book and Tender Bundle, court attendance and preparation of additional documents required by Court. Costs dependent on the complexity of the matter, and location and typically starts at $3,490 per day. Counsel’s fees for preparation and appearing at the hearing are additional and paid directly to Counsel. TBA

Fee Schedule

Criminal and traffic offences in Local Court

Fixed fees for more complex matters may vary as outlined in our Costs Disclosure or Costs Agreement

Matter Description Fee*
Apprehended Violence Order All work (taking instructions, preparing submissions, and court attendance) up to and including a full day in a Sydney city or metropolitan court. Barrister fees charged separately. $2,145
Guilty plea All work up to and including a full day in a Sydney city or metropolitan court. $2,145
Defended hearing All work up to and including a full day in a Sydney city or metropolitan court. Barrister fees charged separately. $2,800
Bail hearing All work up to and including a full day in a Sydney city or metropolitan court. Barrister fees charged separately. $2,145
Severity appeal Appeal to District Court because Local Court penalty is too harsh. All work up to and including a full day in the District court. Barrister fees charged separately. $2,800

Fee Schedule

Will Power of Attorney and Enduring Guardianship

does not include barristers’ (counsel) fees or additional costs for expert reports, personal service or other disbursements over $100.

Matter Description Fee*
Will (Simple) Taking instructions, drafting, review, editing and execution of a simple will. Couple bundle $875
$1,325
Power of Attorney Taking instructions, drafting, review, editing and execution of a Power of Attorney. $475
Enduring Guardianship Taking instructions, drafting, review, editing and execution of an Enduring Guardianship $475
Will (simple), Power of Attorney and Enduring Guardianship bundle Taking instructions, drafting, review, editing and execution of a simple Will, Power of Attorney and Enduring Guardianship. Couple bundle $1,325
$1,750