Terms & Conditions
- Parties and Definitions In these Terms and Conditions, the following terms have the meanings set out below:
Term | Definition |
“Amity Lawyers” | Amity Lawyers Pty Ltd (ABN XX XXX XXX XXX), a registered legal practice operating in Australia, also trading as an approved MARA migration agency. |
“Client” / “you” | The individual, company, or organisation who engages Amity Lawyers to provide legal and/or migration services. |
“Services” | Immigration legal advice, visa application preparation and lodgement, migration agent services, appeals representation, employer sponsorship services, and any related services. |
“Engagement Letter” | The written retainer or engagement letter provided to you at commencement of Services, which sets out the scope, fees, and key terms of your engagement. |
“Department” | The Australian Department of Home Affairs (or its successor). |
“MARA” | The Office of the Migration Agents Registration Authority (OMARA). |
“Fee Schedule” | The schedule of professional fees applicable to the Services, as set out in the Engagement Letter or as otherwise notified to you. |
These Terms should be read with the Engagement Letter. In the event of inconsistency, the Engagement Letter prevails.
- Engagement of Services
A formal engagement with Amity Lawyers is established when you:
- Sign and return the Engagement Letter; or
- Pay an initial fee or deposit following receipt of the Engagement Letter; or
- Provide us with instructions to proceed with your matter and we accept those instructions.
Prior to formal engagement, any advice or information provided — including during a free initial consultation — is general information only and does not constitute legal advice specific to your circumstances.
Scope of Services
The scope of Services is limited to the matters set out in the Engagement Letter. We will not be responsible for any matter outside the agreed scope unless we have expressly agreed in writing to expand the scope.
No Guarantee of Outcome
While we bring significant expertise and care to every matter, immigration and legal proceedings involve assessments by independent decision-makers. We cannot and do not guarantee any particular outcome, including the grant of any visa, the outcome of any appeal, or any decision by the Department. Our obligation is to provide competent, diligent, and professional advice and representation.
⚠️ Important — Immigration decisions are made by the Department, not us No migration agent or lawyer — regardless of experience or claims — can guarantee a visa outcome. Be wary of any provider who guarantees success. We provide honest, expert advice and do our utmost for every client, but the final decision rests with the Department of Home Affairs or the relevant tribunal. |
- Fees, Disbursements, and Payment
Our professional fees are set out in the Engagement Letter for your matter. We generally charge on a fixed-fee basis for defined scope matters, which provides you with cost certainty. Hourly rate billing may apply for matters with undefined scope or complex ongoing litigation.
Fee Structure
Service / Item | Fee / Treatment |
Initial consultation | Nil — complimentary |
Professional fees (visa applications) | Fixed fee — quoted in Engagement Letter |
Government application fees | Disbursements — payable separately |
Skilling Australians Fund (SAF) levy | Employer disbursement — invoiced separately |
Courier, translation, medical clearances | Disbursements — invoiced at cost |
AAT appeal representation | Separate quote on engagement |
Disbursements
In addition to professional fees, you are responsible for all disbursements incurred on your behalf, including government visa and nomination fees, the SAF levy (employer matters), police check fees, medical examination fees, translation and interpretation fees, and barrister’s fees (only with your prior consent).
Payment Terms
- Professional fees are payable in stages as set out in the Engagement Letter (typically a deposit on engagement, with the balance prior to lodgement)
- Invoices for disbursements are payable within 14 days of issue
- We accept payment by electronic funds transfer (EFT), credit card, or other methods as specified
- We reserve the right to withhold lodgement of documents until outstanding fees are paid in full
- Overdue invoices may attract interest at 10% per annum on the outstanding amount
GST
All fees quoted are exclusive of GST unless stated otherwise. GST at the applicable rate (currently 10%) will be added to all invoices for Services supplied in Australia. Government fees are generally GST-exempt.
Refunds
Professional fees are generally non-refundable once work has commenced. If you terminate your engagement, we will charge for work done to the date of termination at the agreed fixed fee pro-rata or at our standard hourly rate. Government disbursements are generally non-refundable — we will advise you of refund policies before fees are incurred.
- Client Obligations
The quality and success of our Services depends significantly on the information and cooperation you provide. You agree to the following obligations:
Accuracy and Completeness of Information
You must provide us with accurate, complete, and up-to-date information about all matters relevant to your visa application or legal matter, including:
- Full and honest disclosure of your immigration history, including any previous visa refusals, cancellations, or overstays
- Full disclosure of any criminal history, pending charges, or investigations in Australia or overseas
- Accurate information about your employment history, qualifications, and financial circumstances
- Disclosure of all family relationships relevant to your application
- Any other information that may be relevant to the Department’s assessment of your application
⚠️ Non-disclosure can destroy your visa application Providing false or misleading information to the Department of Home Affairs — or failing to disclose material information — is a serious offence under the Migration Act 1958 and can result in visa refusal, cancellation, and a three-year ban on future Australian visa applications. It is always better to disclose fully and let us advise you on how to present the information. |
Timely Responses
Immigration matters frequently have strict deadlines. You must:
- Respond promptly to our requests for information, documents, and instructions — ideally within 48 hours unless the matter is urgent
- Notify us immediately of any change in your circumstances that may affect your visa application (including changes to employment, relationship status, address, health, or criminal history)
- Review and approve documents we send you for your approval before deadlines expire
- Attend any appointments, interviews, medical examinations, or hearings arranged as part of your matter
We are not responsible for adverse outcomes caused by your failure to respond to our requests within required timeframes.
Document Provision
You must provide all required documents in a timely manner, including original documents or certified copies as required. Documents in a language other than English must be accompanied by a NAATI-accredited translation. We will advise you of translation requirements specific to your matter.
- Our Professional Obligations to You
Amity Lawyers is bound by the following professional obligations in providing Services to you:
- Competence: We will provide Services with the skill, care, and diligence reasonably expected of a competent immigration lawyer and migration agent
- Honesty: We will advise you honestly about the prospects of your matter, including identifying risks and weaknesses as well as strengths
- Communication: We will keep you reasonably informed about the progress of your matter and will respond to your enquiries within a reasonable time (typically 1-2 business days)
- Confidentiality: We will maintain strict confidentiality of all information you provide, subject to our legal obligations
- Conflict of interest: We will not act where a conflict of interest exists without your informed consent
- MARA compliance: Our migration agents will comply with the Migration Agents Code of Conduct at all times
- Law Society compliance: Our lawyers will comply with the professional conduct rules of the relevant state Law Society
Supervision and Team Approach
Your matter may be worked on by a team of lawyers and migration agents, with a supervising principal lawyer ultimately responsible. We will advise you of the team members working on your matter in the Engagement Letter.
- Limitation of Liability
Cap on Liability
Our total aggregate liability to you for any claim arising out of or in connection with the Services is limited to the total professional fees paid by you to Amity Lawyers in connection with the specific matter to which the claim relates.
Exclusions
We are not liable for:
- Loss or damage arising from your failure to provide accurate, complete, or timely information or instructions
- Loss or damage arising from decisions made by the Department of Home Affairs, the AAT, or any court
- Loss of opportunity, loss of income, consequential loss, or indirect loss of any kind
- Any delays caused by the Department, the AAT, or any third-party agency beyond our control
- Errors or omissions in information provided by third parties, including government agencies, employers, or medical practitioners
Professional Indemnity Insurance
Amity Lawyers holds professional indemnity insurance as required by our professional registration obligations. Details are available on request.
ℹ️ Statutory rights Nothing in these Terms limits any rights you have under the Australian Consumer Law or any other non-excludable statutory rights. The limitations above apply only to the extent permitted by applicable law. |
- Termination of Engagement
Termination by You
You may terminate your engagement at any time by notifying us in writing. Upon termination:
- You are responsible for fees for all work completed to the date of termination
- We will provide you with a final account and refund any overpaid amounts (less fees for work done)
- We will transfer your file to you or your new representative upon receipt of outstanding fees and a signed file transfer authority
- We will advise you of any upcoming deadlines of which you must be aware
Termination by Amity Lawyers
We may terminate our engagement with you in the following circumstances:
- You have provided false, misleading, or incomplete information that affects the integrity of your matter
- You have instructed us to act in a manner that would be unlawful, unethical, or in breach of our professional obligations
- You have failed to pay invoices within the agreed payment terms after notice
- A conflict of interest has arisen that cannot be managed with your consent
- The relationship of trust and confidence necessary for a legal engagement has irreparably broken down
- Complaints and Dispute Resolution
We take all client complaints seriously and are committed to resolving them promptly and fairly. If you have a concern about our Services, please follow the process below:
- Raise it with your lawyer or agent — in the first instance, raise the concern directly with the lawyer or agent handling your matter. Many issues can be resolved quickly through direct communication.
- Contact our Complaints Officer — if your concern is not resolved, contact our Complaints Officer in writing at complaints@amitylawyers.com.au. We will acknowledge your complaint within 3 business days and provide a substantive response within 21 days.
- External dispute resolution — if you remain dissatisfied, you may escalate to OMARA (for complaints about migration agent conduct) at www.omara.gov.au, or the [State] Legal Services Commissioner (for complaints about lawyer conduct).
- General Legal Terms
Governing Law
These Terms are governed by the laws of [State], Australia. Any dispute shall be subject to the exclusive jurisdiction of the courts of [State], Australia.
Entire Agreement
These Terms, together with the Engagement Letter and any documents expressly incorporated by reference, constitute the entire agreement between you and Amity Lawyers with respect to the Services.
Variation
We may update these Terms from time to time. We will notify you of material changes by email or by posting an updated version on our website. Continued engagement of our Services after notification constitutes acceptance of the updated Terms.
Severability
If any provision of these Terms is found to be invalid or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.
No Waiver
Failure to enforce any right or provision at any time does not constitute a waiver of that right or provision for the future.
Force Majeure
We are not liable for any delay or failure in performing our obligations caused by circumstances beyond our reasonable control, including government actions, Departmental processing delays, natural disasters, pandemics, or failure of third-party systems.
- Website Use and Disclaimer
The information published on the Amity Lawyers website (amitylawyers.com.au) is provided for general informational purposes only. It does not constitute legal advice and should not be relied upon as such. Immigration law is complex, subject to frequent change, and highly dependent on individual circumstances.
Processing times published on our website are indicative estimates based on published Department data and our experience — they are not guarantees and may vary significantly based on individual application complexity, Departmental workload, and policy changes.
Amity Lawyers is not responsible for the content of external websites linked from our website. Links are provided for convenience only and do not imply endorsement.
- Contact Amity Lawyers
For general enquiries, to request our Engagement Letter, or to book a consultation:
Amity Lawyers Pty Ltd — Contact Details Phone: 1300 XXX XXX (Mon-Fri 9am-6pm, Sat-Sun 9am-1pm) Email (General): hello@amitylawyers.com.au Email (Complaints): complaints@amitylawyers.com.au Email (Privacy): privacy@amitylawyers.com.au Post: Amity Lawyers Pty Ltd, [Street Address], [Suburb], [State] [Postcode] |