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PRE-PAID LEGAL (“PPL”)

HOME-BASED BUSINESS PLAN MEMBERSHIP CONTRACT

INDEX

HOME-BASED BUSINESS PLAN MEMBERSHIP CONTRACT ...................................................... 1 TERMS AND CONDITIONS.................................................................................................................... 1

SECTION 1: PREVENTATIVE LEGAL SERVICES.......................................................................... 2

SECTION 2: LAND/BUSINESS LAW............................................................................................... 5

SECTION 3: BANKING AND FINANCE LEGAL SERVICES ........................................................... 6

SECTION 4: MOTOR VEHICLE/COMMERCIAL CRAFT LEGAL SERVICES ................................. 7

SECTION 5: EMPLOYMENT AND WORKPLACE RELATIONS...................................................... 9

SECTION 6: COURT PROCEEDINGS ........................................................................................... 10

SECTION 7: INCOME TAXATION LEGAL SERVICES.................................................................. 12

SECTION 8: OTHER LEGAL SERVICES...................................................................................... 13

GENERAL PROVISIONS ............................................................................................................... 13

TERMS AND CONDITIONS

In consideration of payment of the membership fee and abiding by the terms and conditions of this Contract and any attached endorsements, the business entity will receive the benefits contained herein. Such benefits will be provided by solicitors designated by PPL (Pre-Paid Legal Services Pty Ltd) who are duly licensed practicing solicitors (referred to as the Legal Service Provider). This Contract provides for legal matters within the state or territory of the established principal place of business of the business entity, providing it is the state or territory in which this Contract was purchased and a state or territory in which PPL provides benefits under this Contract. In the event that a business entity’s legal matter cannot be dealt with by the Legal Service Provider for any reason, PPL will endeavour to secure the services of a solicitor licensed to practice law in the state or territory of enrolment (a Referral Legal Service Provider), whereby the business entity will receive needed services which will be rendered pursuant to the terms of this Contract. Members referred to a Referral Legal Service Provider will only receive legal services from the Referral Legal Service Provider as specified in the General Provisions of this Contract. Should the business entity move its base of operation to another state, PPL may, at its option, transfer the member’s Contract to where a Legal Service Provider network has been established or exists in that state or territory.

Benefits under this Contract are available only through Legal Service Providers that comprise a closed panel of providers designated by PPL and are only available in those states or territories in which PPL currently operates, and has in place, Contracted legal service providers. Such providers enter into a written agreement before services can be rendered to a business entity. If, in the opinion of the Legal Service Provider representation would be unethical, improper, or inadequate under the circumstances, the business entity shall be provided alternate legal representation at PPL’s discretion. This would be through a Referral Legal Service Provider where the circumstance allows. Such legal representation is subject to an agreement being in place with PPL before services can be rendered to a business entity. If the business entity seeks legal services from a firm that is not part of the PPL’s Legal Service Provider network, the provisions of this Contract do not

© Pre-Paid Legal Services Pty Ltd 2007 of 17 Home-Based Business Plan Membership Contract 20100813

provide such services. This Contract provides for the business entity, business owner(s) and those

nominated employees in respect to providing or carrying out their working responsibilities or duties on behalf of the business entity. This Contract does not provide for legal matters which are of a personal nature or not directly related to the business entity.

This Plan is an initial twenty four (24) month Contract and will, unless otherwise advised by the named member in writing, automatically renew at the end of each Contract period for another twelve (12) months. Termination prior to the expiry of the initial twenty four (24) month period or any renewal period thereafter may incur penalties. Refer to clause Y of the General Provisions of this Contract.

PPL reserves the right at all times to make any changes to this plan Contract and/or its pricing structure without notice to the member. In the event of a member defaulting in payment of membership fees, PPL reserves the right to charge a payment processing fee for each month of default and to take recovery action where necessary.

SECTION 1: PREVENTATIVE LEGAL SERVICES

This section does not apply to subject matter provided by other sections of this Contract.

Legal Consultation Services The owner(s) or director(s) of the business entity may receive telephone or personal consultations and advice,

on the business entity’s behalf, during normal business hours, concerning any legal matters of the business

entity to the extent the Legal Service Provider deems it necessary to adequately advise the business entity on

the legal matter. This provides for the initial consultation and advice required to advise the owner(s) or

director(s) of the business entity of its legal position, as the Legal Service Provider considers

reasonable. If, at the Legal Service Provider’s sole discretion, the legal matter cannot be adequately

addressed during the course of a telephone or personal consultation, the Legal Service Provider will provide

legal consultation and advice in person for up to one (1) hour. Benefits under this section are limited to up to

one (1) hour per matter of legal consultation and advice concerning the matter.

Legal Correspondence Services The Legal Service Provider will provide the business entity with up to four (4) business letters per year – one

(1) letter per subject matter per quarter (non-cumulative) for any legal matter on behalf of that business entity

to third parties at a discount rate of 50% off the Legal Service Provider’s standard hourly rate for the given

service. All other correspondence including phone calls to third parties and to the member plus any additional

letters from the Legal Service Provider after the first letter in any quarter period during a given membership

year will be provided at a Preferred Member Discount rate of 25% off the Legal Service Provider’s standard

hourly rate for the given legal service, including letters to the business entity from the Legal Service Provider

regarding the legal matter.


Contract/Document Review The business entity may have reviewed by the Legal Service Provider at a discount rate of 50% off the Legal

Service Provider’s standard hourly rate for the given service any business legal contract or document (new

only) in which the business entity will be or is a contracting party. The business entity is entitled to have

reviewed four (4) business legal contracts or documents per year, in the first membership year in which the

business entity is a contracting party, one (1) document or contract per subject matter per quarter (non

cumulative). The designated spokesperson for the business entity shall contact PPL directly to be advised

which Legal Service Provider to contact for their matter and a reference number provided. The spokesperson

shall then forward a copy of the legal document or contract to be reviewed (retaining the original) together with

their telephone number, to the appropriate Legal Service Provider. The Legal Service Provider will review the

document or contract and thereafter advise the business entity’s designated spokesperson by telephone or in

writing where necessary. Advice, consultation and review of contracts or documents beyond the one (1) per

quarter will be available at a Preferred Member Discount rate of 25% off the Legal Service Providers standard

hourly rate for the given legal service.


Limits and Exclusions:

1. All documents or Contracts to be reviewed or prepared require at least five (5) working days for completion.

2. In the event the member requires a document or Contract reviewed or prepared as a matter of urgency, the document/contract will be charged for the service at the Preferred Member Discount rate of 25% off the Legal Service Providers standard hourly rate.

3. The Legal Service Provider shall be entitled to any costs associated with the preparation of any Contract or document where the business entity is not the contributing party.

Recoveries/Debt Collection This section is provided for primarily by the business entity’s membership to PPL Account Solutions, PPL’s creditor and debtor management service and is to be used in conjunction with the Legal Service Provider. The business entity may receive legal services on any debt collection matter. This includes up to one (1) initial letter of demand per quarter (non cumulative) from the Legal Service Provider at a discount rate of 50% off the Legal Service Provider’s standard hourly rate for the given service once demand by the provided for business legal entity has been unsuccessful. Any separate letters of demand in excess of the first one (1) provided for per quarter (non cumulative) by the Legal Service Provider herein or follow up letters provided subsequent to the initial letter of demand for a given matter, will be provided at a Preferred Member Discount rate of 25% off the Legal Service Providers standard hourly rate for the given legal service. It is the responsibility of the business entity to provide, in a timely manner, sufficient documentation to enable the Legal Service Provider to write any letters pursuant to this benefit.

The Legal Service Provider will provide, advice and negotiation on any debt, including breaches of all forms of consignment, bills of sale and other contracts, as well as the enforcement of such debt up to but not including court representation at a Preferred Member Discount rate of 25% off the Legal Service Provider’s standard hourly rate for the given legal service.

Provision of legal services under this section of the Contract will be provided under Section 1 Preventative Legal Services with any representation in court for any matter under this section being provided under Section 6 Court Proceedings of this Contract and limited to four (4) hours aggregate of time per matter. Any additional time will be at a Preferred Member Discount rate of 25% off the Legal Service Provider’s standard hourly rate for the given legal service. All pre-existing matters or causes of action will be dealt with under Section 8 Other Legal Services of this contract.

Contract/Document Preparation

The Legal Service Provider will prepare up to four (4) contracts or documents per year, one (1) per quarter

(non cumulative) at a discount rate of 50% off the Legal Service Provider’s standard hourly rate for the given

service on behalf of the business entity where the business entity will be or is a contracting party on the

following basis. The Legal Service Provider will provide up to three (3) hours aggregate of time per contract or

document per subject matter at the discount rate of 50% off the Legal Service Providers standard hourly rate

towards the preparation of any contract/document on behalf of the business entity. With the balance of any

time required or additional contracts or documents per same subject matter or beyond the one (1) per quarter,

prepared at the Preferred Member Discount rate of 25% off the Legal Service Providers standard hourly rate

for the given legal service.

4. The number of contracts or documents prepared at the discount rate of 50% off the Legal Service Providers standard hourly rate for the first three (3) hours under this section of this contract is limited to one (1) per quarter per year (non cumulative), with the balance of any additional time required or any additional contracts or documents in any quarter period being prepared at a Preferred Member Discount rate of 25% off the Legal Service Providers standard hourly rate for the given service.

All review of any contracts or documents entered into by the business entity prior to membership will be

covered under Section 8 Other Legal Services of this contract.

Insurance Law

The Legal Service Provider will provide advice, consultation and correspondence (including letters to third parties) on insurance matters relating to the business entity and to which the business entity is a contracting party. Provision under this section of the plan will be provided under Section 1 Preventative Legal Services, of this Contract. Representation in Court for any matter will be under Section 6 Court Proceedings of this Contract and limited to four (4) hours aggregate of time per matter. Any additional time will be at a Preferred Member Discount rate of 25% off the Legal Service Provider’s standard hourly rate for the given legal service. All pre-existing matters or causes of action will be dealt with under Section 8 Other Legal Services of this contract.

Specialist Consultation The business entity may receive additional telephone or personal consultation consisting of up to half an hour of advice per subject matter for certain legal matters each membership year, at the discretion of the Legal Service Provider. Legal matters provided for purposes of this benefit are those matters requiring specialist legal expertise in a given area of law related to: Securities, Patents/Copyrights/Trademarks/Designs, Commodities, Maritime Law, PPL Law, Income Tax Law, Partnerships, Capital raising, Directors responsibilities, Franchising, Liquor Licensing issues and those legal matters which arise within Australia but outside the business entity’s state of established principal place of business. If further services are required beyond the consultation provided for herein they will be provided at a Preferred Member Discount rate of 25% off the Legal Service Providers standard hourly rate for the given legal matter. For this consultation and advice the designated spokesperson for the business entity shall contact PPL directly to be advised which Legal Service Provider to contact for their matter and a reference number provided.


Merits of Case Dependant upon the business entity circumstances and the merits of the legal matter, payment of any fees due and payable to the Legal Service Provider may only be deferred or alternate payment arrangements made at the sole discretion of the Legal Service Provider. Once it has been determined that a business entity is entitled to benefits under a section listed in the Contract, the business entity’s designated spokesperson shall communicate only with the specific solicitor or solicitors nominated by PPL to handle those benefits. The entitlements under a section of the Contract cannot be utilised with any other Legal Service Provider unless approved by PPL. This limitation is provided to facilitate the most effective representation of the business entity. The Preventative Legal Services Section is a part of and is subject to all General Provisions of this Contract.

SECTION 2: LAND/BUSINESS LAW

The business entity is entitled during each membership year to have the Legal Service Provider review contracts and prepare property settlement statements and other settlement documentation as well as attend to property settlement, relating to one purchase of land or property and relating to one sale of land or property, per year being for the business entity's primary place of business. In the case of part ownership, part owners who are not provided for by a membership plan will be charged their portion of fees at the Settlement Agent’s scale of fees for this service.

A.

Settlement fees on the sale or purchase of land or property for the business entity's primary place of business will be at a discounted rate of 50% off the Settlement Agent's scale of fees for this service. A waiting period may apply and this plan should be read in conjunction with the General Provisions in this Contract.

B. The business entity is entitled during the membership period to have the Legal Service Provider

review contracts and prepare business settlement statements and other business documentation as well as attend to business settlement, in relation to the sale of the business entity.

The Legal Service Provider’s fees (i.e. their time) on the sale of the business will be at a discount rate of 25% off the Business Agent’s/Solicitors scale of fees or standard hourly rate for this service.

C. Additional Land and property transactions, advice and settlement services under this benefit are

available from the Legal Service Provider at a discount of 25% off the Settlement Agent’s scale of fees for this service.

D. Additional business transactions, advice and settlement services under this benefit are available from

the Legal Service Provider under Section 8 Other Legal Services of this Contract..

Limits and Exclusions:

1. A three (3) month waiting period will apply from the date of joining until provision is activated under parts (A) and (B) only of Section 2 Land/Business Law of this Contract. This waiting period will be waived, only when the business entity pays the Contract term in full upon signing, or completes an irrevocable payment authority for the balance of any membership fees to be paid at settlement. If settlement fails to proceed the business entity will be debited on the normal monthly basis inline with this Contract where the business entity has not paid for the full contract term prior.

2. The Legal Service Provider’s fees (i.e. their time) on the sale or purchase of land or property being for the business entity's place of business will be at a discounted rate of 50% off the Settlement Agent’s scale of fees for this service.


3. Under current State Revenue Guidelines, where the business entity is purchasing land for the purpose of being for the business, unless the business entity has an existing building Contract in place or building has already commenced at the time of stamping the Contract for purchase or prior to the rate of stamp duty being assessed, then the purchase will be considered to be for investment purposes only. In this instance, the purchase of land will fall into part (C) of Section 2 Land/Business Law of this Contract.

4. No waiting period applies under part (C) and (D) of Section 2 Land/Business Law of this Contract where the business entity is entering into additional business, land or property transactions.

5. In order for the benefit to apply, the Contract for sale or purchase of land, property or business must be forwarded to PPL no later than seven (7) working days after signing, in order to allow sufficient time to appoint and notify the relevant Legal Provider or settlement agents of the Contract arrangements.

6. Not withstanding any other provisions of these clauses Section 2 (A) and (B) Land/Business Law of this Contract the business entity shall be obliged to pay to the settlement agent/solicitor any disbursements incurred by the settlement agent/solicitor in respect to the process of settlement. For example, Title Search, Title Registration Fees, Stamp Duty, postage and any other out of pocket expenses.

The Land/Business Law Section is a part of and is subject to all General Provisions of this Contract.

SECTION 3: BANKING AND FINANCE LEGAL SERVICES

The business entity may have reviewed or interpreted by the Legal Service Provider any mortgages, bills of sale, charges or other business security documents in which the business entity is a contracting party. The designated spokesperson for the business entity shall contact PPL directly to be advised which Legal Service Provider to Contact for their matter and a reference number provided. The spokesperson shall then forward a copy of the mortgage or security document to be reviewed (retaining the original), together with their telephone number to the Legal Service Provider. The Legal Service Provider will review the mortgage or document and thereafter advise the designated person for the business entity by telephone or in writing where necessary. These services will be dealt with under Section 1 Preventative Legal Services of this Contract.

A.

B. The business entity, during normal business hours, may receive consultations by way of telephone or in person and correspondence, concerning any legal matter relating to loan recovery, mortgagee sales, foreclosures and enforcement of securities, including bills of sale, charges and other debt securities of which the business entity is contracted as the borrower or provider of security at a Preferred Member discount rate of 25% off the Legal Service Provider’s standard hourly rate for the given service. If a letter to a third party is required as the best legal recourse, the Legal Service Provider will mail a copy of any letter to the business or alternatively, if a phone call is made the Legal Service Provider will communicate the results to the designated spokesperson over the phone. The appropriate course of action is at the discretion of the Legal Service Provider.


C. The Legal Service Provider will also draft and prepare mortgages, bills of sale, charges and other debt securities on behalf of the business entity as lender or recipient of security. In this circumstance, the Legal Service Provider will be entitled to charge for such work at its normal rate for that work, on the basis that the borrower or provider of security will be liable to pay the business entity’s costs of preparation of the security document. If for any reason the borrower or provider of security is not required to, or does not pay for the preparation of the security document. The Legal Service Provider shall charge for the preparation of the security document at a Preferred Member Discount rate of 25% off the Legal Service Providers normal rate.

D. The Legal Service Provider will also draft, prepare and negotiate mortgages, bills of sale and other debt securities, including the enforcement of said securities on behalf of the business entity, in which the business entity is a contracting party. These services will be dealt with under Section 1 Preventative Legal Services in respect to draft and preparation of mortgages, bills of sale and other debt securities and Section 6 Court Proceedings of this Contract for enforcement of said securities.

Limits and Exclusions: 1. The Legal Service Provider will provide solicitors certificates in respect to guarantor arrangements, but

will do so at the Preferred Member Discount rate. Please contact PPL directly in this instance.

2. If the business entity requires the Small Claims Debt collection service they should contact PPL directly.

3. Each member is responsible for any court costs, fines, penalties, costs ordered to be paid by the Court to any party, security for costs orders and related fees, including stamp duty, rates, taxes, GST and all out of pocket expenses.

4. Preparation of mortgages, bills of sale, charges and other debt securities where the business entity is the contributing party will be at a Preferred Member Discount rate of 25% off the Legal Service Provider’s standard hourly rate for the given service.

5. The Legal Service Provider shall be entitled to all party-party costs awarded by any Court, and any legal costs allowed in a negotiated settlement. For the purposes of negotiating a legal costs allowance, the Legal Service Provider shall be entitled to calculate costs on the basis of its standard hourly rate.

6. The Legal Service Provider shall be entitled to any costs associated with the preparation of any Contract or document where the business entity is not the contributing party.

The Banking and Finance Legal Services Section is a part of and is subject to all General Provisions of this Contract.

SECTION 4: MOTOR VEHICLE/COMMERCIAL CRAFT LEGAL SERVICES

Motor Vehicle/Commercial Craft Legal Services section benefits are available fifteen days (15) after the effective date of this membership Contract. Any matter arising or reasonably anticipated or foreseeable prior to the expiration of the fifteen day (15) waiting period shall be considered a pre-existing condition and will be provided under Section 8 Other Legal Services of this Contract.

If the business entity’s owners(s), director(s) or employees (Please refer to Clause A of the General Provisions) in the course of carrying out their normal employment responsibilities on behalf of the business entity, while driving any licensed motor vehicle, motorbike or commercial craft with the express consent and permission of the owner of the said vehicle, bike or craft, shall have a collision or be charged with a motor vehicle, motorbike, commercial craft or parking related offence, the business entity’s owner(s), director(s) or employee(s) will be entitled to up to twelve (12) hours total aggregate of time per year (non cumulative) at a discount rate of 50% off the Legal Service Provider’s standard hourly rate for the given service towards the following services as specified below:

A. Defence of the business entity’s owner(s), director(s) or employee(s) in the course of carrying out

their normal employment responsibilities on any criminal charge, traffic or parking or boating related offence arising from the permitted use of a motor vehicle, motorbike or commercial craft during the membership year. Provision includes up to two (2) hours towards pre-hearing preparation time and up to two (2) hours towards actual court time per matter. Any time required in excess of the amount allowed will be provided at a Preferred Member Discount rate of 25% off the Legal Service Provider’s standard hourly rate for the given service.


B. Advice, consultation, document preparation and representation for all drivers license assistance (extraordinary and special drivers license applications) on behalf of the business entity’s owner(s), including;

1. When the business entity’s owner(s) have been denied a driver’s license or a driver’s license has been cancelled, suspended or revoked.

2. When legal assistance is needed to reinstate or maintain a driver’s license because of work related matters, or to obtain an extraordinary license because of business matters.

3. When legal assistance is needed to reinstate or maintain a driver’s license because of medical reasons.

Coverage includes up to two (2) hours towards pre-hearing preparation time and up to two (2) hours towards actual court time per matter. Provision of advice, consultation and document review/preparation and representation beyond the time allowed will be provided at a Preferred Member Discount rate of 25% discount off the Legal Service Provider’s standard hourly rate for the given service.

C. The Legal Service Provider will provide the business entity and its owner(s) and/or director(s) with advice, consultation and representation, including preparation of court documents and appearances at court on the business entity ot its owners behalf, for any motor vehicle, motor bike or commercial craft related personal injury and property damage claims by the business entity or its owners as plaintiff as a result of the business entity's owner(s), director(s) or one of its employee(s) during the course of carrying out their normal employment responsibilities on behalf of the business entity driving, riding on, or being struck by any motor vehicle, motorbike or commercial craft. Coverage includes up to two (2) hours towards pre-hearing preparation time and up to two (2) hours towards actual court time per matter. Any time required in excess of this amount will be at a Preferred Member Discount rate of 25% discount off the Legal Service Provider's standard hourly rate for the given service.

Limits & Exclusions: 1. Representation in respect of driver’s licence matters and criminal, traffic or parking offences is

provided subject to the operation of a properly licensed motor vehicle, motorbike or commercial craft and the possession of a valid driver’s licence or the Commercial Skippers Ticket in respect to all boating matters.

2. The business entity and its owner(s) is responsible for any court costs, fines, penalties, costs ordered to be paid by the Court to any party, security for costs orders and related fees, including stamp duty, rates, taxes, GST, medical costs including professional opinions and all out of pocket expenses.

3. A fifteen (15) day waiting period applies from the date of joining until provision is activated. If the business owner has any traffic or parking tickets before the fifteen (15) day waiting period has passed, the Legal Service Provider will provide services under Section 8 Other Legal Services of this Contract.

4. Pre-existing charges or causes of action are excluded and are provided by the member discount under Section 8 Other Legal Services of this Contract.

5. Commercial vehicles registered for business use of three (3) tonne or more are not provided for under this Contract. Provision for commercial vehicles over three (3) tonne or more is provided for under Section 8 Other Legal Services of this Contract. of this Contract.

6. Boats registered or used for commercial purposes above sixteen (16) metres, are not provided for

under this Contract. Provision for commercial vessels over sixteen (16) metres or more is provided for under Section 8 Other Legal Services of this Contract. Any representation that includes extraordinary or special license applications for medical reasons under this benefit will be provided according to its merits at the sole discretion of the Legal Service Provider.

7.


8. Any claim or defence that in the opinion of the Legal Service Provider appears to be frivolous, groundless or will not prevail in court.

9. The Legal Service Provider shall be entitled to all ”party to party” costs awarded by any Court, and any legal costs allowed in a negotiated settlement. For the purposes of negotiating a legal costs allowance, the Legal Service Provider shall be entitled to calculate costs on the basis of its standard hourly rate.

10. Appeals against judgement will be undertaken by the Legal Service Provider for under Section 8 Other Legal Services of this Contract.

11. All indictable motor vehicle, motorbike or commercial craft criminal matters will be dealt with under Section 6 Court Proceedings of this Contract and limited to four (4) hours aggregate of time per year. Additional time will be provided at a Preferred Member Discount rate of 25% off the Legal Service Provider’s standard hourly rate for the given legal service.

12. Any personal injury or damage to property claims in respect of which the business entity is named as defendant shall be dealt with under Section 6 Court Proceedings of this Contract.

13. Any nominated employee(s) under this plan will only be provided for under Section 8 Other Legal Services of this Contract for any motor vehicle, motor bike or commercial craft related offences and only where they hold a personal legal plan listed in their own right.

The Motor Vehicle/Commercial Craft Legal Services section is a part of and is subject to all General Provisions of this Contract.

SECTION 5: EMPLOYMENT AND WORKPLACE RELATIONS

The business entity may have reviewed or prepared by the Legal Service Provider any Workplace Agreements or Contracts of Employment in which the business entity is a contracting party. The designated spokesperson for the business entity shall contact PPL directly to be advised which Legal Service Provider to contact for their matter and a reference number provided. The spokesperson shall then forward a copy of the agreement or Contract to be reviewed (retaining the original), together with their telephone number to the Legal Service Provider. The Legal Service Provider will review the Contract and thereafter advise the designated spokesperson by telephone or in writing where necessary. Services under this section will be provided under Section 1 Preventative Legal Services of this Contract.

A.

B. The Legal Service Provider will provide a business entity and the owner(s) or director(s) with assistance relating to any claim for unfair dismissal, unpaid contractual entitlements, harassment or discrimination, personal injury and workers compensation, including advice, representation and preparation and filing of claim documents. Once an application is lodged, complaint is made, dispute is lodged or proceedings commenced, whether by the business entity in whichever forum the Legal Service Provider considers appropriate, or by the other party to the matter, then the matter shall be provided by Section 6 Court Proceedings of this Contract.

Limits & Exclusions:

1. Pre-existing claims or causes of action are excluded and are provided under Section 8 Other Legal Services of this Contract. of this Contract.

2. Representation under this section is excluded in the event that a dispute arises between the owner(s)

and/or director(s) of the business entity.

3. Representation under this benefit is excluded in the event that a dispute arises between the Business entity and its owner(s) and/or director(s).

The Employment and Workplace Relations Section is a part of and is subject to all General Provisions of this Contract.


SECTION 6: COURT PROCEEDINGS If the business entity and/or its owner(s) are named as defendant or plaintiff in a civil or criminal action, filed in a state or federal court, the Legal Service Provider will provide representation in accordance to clause 1 of the limits and exclusions of this section of this contract at a discount rate of 50% off the Legal Service Provider’s standard hourly rate for the given service according to the following schedule. Correspondence to the business entity on any matter or to third parties on the business’s behalf by the Legal Service Provider in respect of initial advice or consultation of the legal position of the business entity is provided under Section I Preventative Legal Services of this Contract.

During the first membership year, the benefit under this section shall be limited to a total of sixteen (16) hours of solicitor time. Of that sixteen (16) hours, a maximum of eight (8) hours will be provided for any and all legal services rendered in defence of the provided lawsuit prior to actual trial, such as conferences with associated parties and their solicitors or agents, telephone conversations or other efforts to settle cases, pre-trial conferences, settlement conferences prior to trial, court appearances, interrogatories, depositions, briefs and pleadings. If the matter is settled prior to actual trial, then the member may elect to apply solicitor’s time against the total aggregate allowable hours under this section of the contract.

A.

Any legal services provided that exceed time provision under this benefit will be provided at a Preferred Member Discount rate of 25% rate off the Legal Service Providers standard hourly rate. All pre-existing causes of action will be provided under the preferred member discount section of this plan. Total benefits provided under the Court Proceedings Section shall not exceed the annual aggregate per membership amount of sixteen (16) hours in the first membership year.

B. In each subsequent membership year, the benefits under this provision are as follows:

Second membership year: Eighteen18 hours of trial time that includes nine (9) hours of pre-trial time.

Third membership year: Twenty (20) hours of trial time that includes ten (10) hours of pre-trial time.

Fourth membership year: Twenty Two (22) hours of trial time that includes eleven (11) hours of pre-trial time.

Fifth membership year: Twenty Four (24) hours of trial time that includes twelve (12) hours of pre-trial time.

From the sixth membership year onwards the membership will include a total of twenty six (26) hours aggregate of solicitors time, thirteen (13) hours of which is for legal services prior to trial.

Services under this section of the plan will be provided and governed by Section 1 Preventative Legal Services of this Contract in respect of legal consultation, legal correspondence, document review and preparation and Section 6 Court Proceedings of this Contract in respect of any claim action and is limited to four (4) hours aggregate of time per matter. Additional time will be provided at a Preferred Member Discount rate of 25% off the Legal Service Provider’s standard hourly rate for the given legal service.

4.

C. If the business entity has maintained a Legal Services Contract from PPL immediately prior to the

effective date of this Contract which contained the Court Proceedings Section, then the hours under item A and B above shall apply to the effective date of the business entity’s previous Contract. If the business entity has not maintained a Contract with PPL immediately prior to the effective date of this Contract, then the hours available under items A and B above shall begin with the effective date of this Contract.

Limits & Exclusions: 1. Court Proceeding provisions provide the named business entity and for the business owner(s) and/or

director(s) for civil and criminal actions that may arise out of full filling their employment responsibilities in respect to third parties at a discount rate of 50% off the Legal Service Provider's standard hourly rate for the given service. With the time allocated pre matter not to exceed four (4) hours. Additional time beyond the allotted hours pre matter or the allotted aggregate hours per year specified above will be at a Preferred Member Discount rate of 25% discount off the Legal Service Provider's standard hourly rate for the given service.

2. Class actions or interventions or amicus curiae filings or class actions filed in which the member is a party or potential party are excluded.

3. Pre-existing causes of action are excluded under this section. Pre-existing conditions are defined as those acts which give rise to a lawsuit which are alleged to have occurred prior to the business entity’s enrolment, irrespective of whether or not the lawsuit was filed until after such date. Pre-existing causes of action are provided under Section 8 Other Legal Services of this Contract.

4. Any matter in respect of which the business entity is entitled to receive costs from another party on an indemnity basis shall be carried out by the Legal Service Provider at their ordinary rate. In the event that there shall be no or only partial recovery or allowance for costs, the benefits provided under this section shall then be applied by the Legal Service Provider to that portion which is not recovered.


5. Any claims, defence, or legal position that, in the opinion of the Legal Service Provider, will not prevail in court is excluded from this section.

6. Any claim, defence, or legal position that, in the opinion of the Legal Service Provider, appears to be frivolous or groundless is excluded from this section.

7. Any civil or criminal charge against the business owner(s) while driving a commercial vehicle registered for business use of three (3) tonne or more or a commercial vessel of sixteen (16) metres or more will be excluded under this section but are provisioned for under Section 8 Other Legal Services of this Contract.

8. This benefit does not provide garnishment, attachment or any other post judgement relief action. The Legal Service Provider will provide services in accordance with the Contract up to the point of final judgement by court of record. Appeals against judgement will be undertaken by the Legal Service Provider Section 8 Other Legal Services of this Contract.

9. The Legal Service Provider must be given, wherever possible, a minimum of ten (10) days notice prior to court representation.

10. Each business entity and its owner(s) are responsible for any court costs, fines, penalties, costs ordered to be paid by the Court to any party, security for costs and related fees, including stamp duty, rates, taxes, GST and all out of pocket expenses.

11. (A) The Legal Service Provider shall be entitled to deduct from any settlement sum, judgment sum or any other award obtained by the Legal Service Provider on behalf of the client the Legal Service Providers' costs on a solicitor client basis at the Legal Service Provider's standard hourly rate;

(B) In the event that a matter proceeds to trial after receiving advice from the Legal Service Provider to settle the claim and the client is unsuccessful in obtaining a greater amount than that recommended for settlement by the Legal Service Provider, the Legal Service Provider shall be entitled to the Legal Service Providers cost on a solicitor client basis under Section 8 Other Legal Services of this Contract.

(C) Once the Legal Service Provider has been paid pursuant to sub-clause (A) or (B) hereof then the client's entitlement shall be reinstated to the extent of the legal costs paid.

12. Appeals against judgement will be undertaken by the Legal Service Provider under Section 8 Other Legal Services of this Contract.

13. Advice, consultation and correspondence not provided for under this section will be provided under Section 1 Preventative Legal Services of this Contract.

14. In the event that the business entity is ordered by the court to pay security for costs, or make payment of a sum into court, or provide an undertaking to the court, and fails to do so in the time required by the Court, the Legal Service Provider shall be at liberty to cease acting for the business entity in respect of that matter, and the business entity shall sign any notice required to advise the court that they act in person, should the Legal Service Provider so require it. In the event that the Legal Service Provider is required to make application to the Court to cease acting, the business entity shall be liable to the Legal Service Provider for the costs of such an application.

15. Nominated employees of the business entity are provided for only if they hold a personal legal plan for any civil or criminal actions that affect the business entity arising out of conducting their employment responsibilities in respect of third parties.


The Court Proceedings Section is a part of and is subject to all General Provisions of this Contract.

SECTION 7: INCOME TAXATION LEGAL SERVICES The business entity will receive up to a total aggregate of six (6) hours of legal services from the Legal Service Provider at a discount rate of 50% off the Legal Service Provider’s standard hourly rate for the given service when the business entity is notified in writing by the Australian Taxation Office of an audit of its income tax return or when owner(s)/officer(s) are requested, in writing, to appear at the offices of the Australian Taxation Office concerning its income tax return.

A.

B. Provision begins with the return due on the 30th of June of the year this Contract is effective.

C. Benefits to be provided as follows:

1. Up to two (2) hours of professional services from the Legal Service Provider for consultation, advice and/or assistance, upon receipt of written notice from the Australian Taxation Office that the business entity’s income tax return is being audited or when the business entity’s owner(s) or officer(s) requested in writing to appear at the offices of the Australian Taxation Office concerning its income tax return.

2. Up to two (2) hours for representation at the audit and for negotiations, conferences and telephone conversations with the Legal Service Provider and settlement conferences subsequent thereto, but prior to a lawsuit.

3. Up to two (2) hours in professional time or services for actual trial appearance when the Australian Taxation Office sues the business entity or, after paying the disputed tax, the business entity sues the Australian Taxation Office.

Limits & Exclusions:

1. Provision of this service begins with the business entity’s Income Tax Return, due 1 July on the year of enrolled.

2. Does not include preparation of tax returns or financial statements or financial advice or financial

planning advice.

3. Pre-existing causes of action where the business entity has already been notified by the Australian Taxation office prior to membership are excluded. Pre-existing causes of action are provided under Section 8 Other Legal Services of this Contract.

4. If, in the opinion of the Legal Service Provider, outside specialist legal tax advice is needed, then the

business entity may be referred to a Referral Legal Service Provider. In this instance provision will fall under Section 8 Other Legal Services of this Contract.

5. Garnishment, attachment or any other post-judgement relief.

6. Class actions or interventions or amicus curiae filings.

7. Payroll and information returns, business activity statements, fringe benefits tax returns, or portions thereof are excluded.

8. Services by a registered tax agent are excluded.

9. Requests by the Australian Taxation Office asking for additional information to be supplied by mail or telephone before written notification of an audit is received.

10. Advice, consultation and correspondence not provided for under this section will be provided under Section 1 Preventative Legal Services of this Contract.


The Income Taxation Legal Services section is a part of and is subject to all General Provisions of this Contract.

SECTION 8: OTHER LEGAL SERVICES

The business entity will receive other legal services not specifically provided by this Contract at a twenty (20) percent discount from the Legal Service Provider’s standard hourly rate for representation including all pre-existing matters or causes of action. Any legal service under this section may attract a greater discount rate than the minimum at the sole discretion of the Legal Service Provider.

A.

Limits & Exclusions: 1. The Legal Service Provider must have a minimum of ten (10) days notice prior to court

Representation.

2. The Legal Service Provider has the right to determine whether or not any claims, defence, or legal position is frivolous or without merit and if they so determine, reserve the right to decline to act for the business entity.

3. The Legal Service Provider has the right to present the claim or defence according to their independent professional judgement.

The Other Legal Services Section is a part of and is subject to all General Provisions of this Contract.

GENERAL PROVISIONS Those provided for shall include the business entity, its owner(s) and or director(s), and at the owner’s discretion, up to a maximum of five (5) nominated employees who are provided for only in the course of conducting their employment responsibilities. Any nominated employees will only be provided for under this Contract if they hold a personal legal plan and only in the course of conducting their employment obligations for the business entity. For personal legal issue provision the owner(s),director(s) any employees nominated under this Contract will need to hold a personal legal plan membership.

A.

Membership is not transferable from the business entity without written approval of PPL.

B. Designated Spokesperson: The business entity shall designate up to two (2) persons who shall be employees, owners, partners or officers of the business entity to communicate with the Legal Service Provider. Each of those individuals designated shall have authority to legally bind the business entity. In the event a designated spokesperson resigns, is terminated or is no longer associated with the business entity for any reason, it shall be the business entity’s responsibility to immediately notify the PPL, both by telephone and written verification. If the formerly designated spokesperson was responsible for communicating with the Legal Service Provider concerning any ongoing legal matter, the business entity should also advise the Legal Service Provider in the same manner. The Legal Service Provider is not responsible for legal advice given to a formerly designated spokesperson of whose resignation, termination or non-association with the business entity, has not been advised.

C. Pre-existing Matters and Causes of Action: Pre-existing matters and causes of actions under the terms of this Contract mean any acts or occurrences that existed or causes of action that were reasonably anticipated or foreseeable prior to the member’s enrolment. Pre-existing causes of action are also defined as those acts or occurrences which may cause or give rise at anytime in the future for the need for legal assistance foreseeable or not prior to the member’s enrolment. This includes but is not limited to the issuance of a traffic or parking infringement notice which is alleged to have occurred prior to fifteen (15) days after the effective date of the membership Contract, even though the infringement notice might not be issued until after fifteen (15) days following the effective date of the membership. This definition may be modified in individual sections of this Contract to deal with specific circumstances that may arise in particular areas of law. All services provided under this definition fall under Section 8 Other Legal Services of this contract.

D. Business entity: The business entity must be a home-based business employing no more than five

(5) or fewer employees and be a registered business name or incorporated business that is not publicly listed or its shares publicly traded where the business and residential address must be the same.

Where the business entity has changed from being a home-based business to a basic, small or extend business where the trading and residential address are no longer the same or the number of employees is greater than five (5) the business will need to contact PPL and upgrade their plan to ensure ongoing legal serviced provision. PPL reserves the right to automatically upgrade membership status if a change is found that would prevent legal services being provided under the existing membership.


If the business entity is sold or there is a change of ownership then provision under this Contract will continue until the end of the membership term. Where the current membership is via direct debit, PPL will debit in full the value of the outstanding portion of the membership term. At the end of the membership term the Contact will automatically be terminated unless otherwise advised by the new owners in writing and alternate financial arrangements made.

E. Licensed Motor Vehicle: Any properly licensed motor vehicle, used for commercial purposes, for the business entity, except commercial vehicles registered above three (3) tonne.

Commercial Craft: Boats or water craft registered for commercial purposes for the business entity of not more than sixteen (16) metres in length.

F. Legal Fees: The standard hourly rate charged by the Legal Service Provider may vary depending upon the specific type of service rendered.

G. Exclusions: All acts or omissions otherwise giving rise to provision if such acts or omissions were

performed in the commission of any crime under any municipal ordinance or state or federal statute, except as otherwise specifically provided for in this Contract. This exclusion does not apply to legal services provided under Sections 1 Preventative Legal Services or Section 8 Other Legal Services of this Contract.

H. Specific Exclusions: The following items are specifically excluded and shall not be interpreted as

included benefits:

1. Fines, court costs, penalties, expert witness fees, expert report costs, costs ordered to be paid by the court to any party, security for costs, bonds, bail bonds, any out-of-pocket expense and any matter which the Legal Service Provider determines is raised an inordinate or unreasonable number of times without substantial change of circumstances.

2. Any person or entity who initiates or participates in a lawsuit against PPL or any of its subsidiaries, or who is named as a defendant or respondent in a lawsuit initiated by PPL, or any of its subsidiaries, shall be specifically excluded from receiving services under any benefit of this Contract during the currency of such lawsuit or until its resolution.

I. Solicitor - Client Contract: All benefits provided under any provision herein shall be subject to the terms of a solicitor – client Contract to be executed by the designated spokesperson(s) with authority to legally bind the business entity prior to the time services are rendered, which Contract may require payment of anticipated costs and payment of a retainer to the Legal Service Provider to cover reasonably anticipated costs to be incurred and shall be made at the sole discretion of the Legal Service Provider and eligibility for receipt of benefits hereunder is contingent upon payment of same prior to commencement of legal representation by the Legal Service Provider. The Legal Service Provider retains the right to require the payment of moneys on account of anticipated fees and disbursements, even if they do not require a specific solicitor – client Contract to be executed.

J. Legal Service Provider: Legal Service Provider is defined as the law firm designated by PPL to

provide benefits described in this Contract.

K. Referral Legal Service Provider: Referral Legal Service Provider is defined as a law firm with which PPL Contracts to perform services to PPL members under Section 8 Other Legal Services of this Contract.


L. Territory: This Contract provides services within the States or Territories of Australia where PPL operates or has Legal Service Provider representation. M. Eligibility Period: The eligibility period commences on the effective date of the Contract and shall continue as specified in the contract until such time as the member notifies PPL in writing that they no longer wish to have their membership renew at the end of their existing contract period for another contract term. The eligibility period terminates immediately in the event of cancellation by PPL, for any reasons as set out in General Provisions “S” including non-payment of outstanding membership fees, fraud or intentional misrepresentation of any facts in the application form, or of any matter submitted to the Legal Service Provider or an attempt to utilise benefits for a person or entity not eligible for service pursuant to this contract . Should the member cancel their contract during the contract term or by non-payment of membership fees prior to the end of their contract term, they will be bound under clause Y and AA of the General Provisions until full payment of any outstanding fees are paid.

All contracts will run for their full term before they will be cancelled.

N. Membership Year: Membership year shall be defined as the period of time beginning on the effective date of the Contract extending for an initial period of twenty four (24) months renewing automatically thereafter on a twelve (12) monthly basis until advised in writing by the member otherwise.

O. Disputes between Members: In the event of a dispute between members the Legal Service Provider

cannot act for both parties. In this event PPL will refer both members to a Referral Legal Service Provider. In this instance both member(s) will qualify for legal representation under Section 8 Other Legal Services of this Contract, only with a Referral Legal Service Provider recommended by PPL.

If the Legal Service Provider is unable to act for any reason on behalf of any member(s), the Legal

Service Provider will advise the member of the reason(s) and refer the member back to PPL to refer the member to an alternate Referral Legal Service Provider, who will provide the legal service Section 8 Other Legal Services of this Contract

P. Conflict of Interest: In the event that the Legal Service Provider is unable to act on behalf of a member due to a conflict of interest issue then PPL will refer the member to a Referral Legal Service Provider who will act on behalf of that member under Section 8 Other Legal Services of this Contract of this Contract. In the event that the Legal Service Provider has acted for two members on opposite sides of a non-contentious matter (which the Legal Service Provider is entitled, but not obliged to do) and a dispute arises, the Legal Service Provider reserves the right to cease acting for both members and refer them to Referral Legal Service Providers who will provide Section 8 Other Legal Services of this Contract

Q. Duplication of Provisioning: Provision shall be provided under the benefit most relevant to the existing legal need of the business entity. The benefits contained in this Contract are mutually exclusive and provisioning will not be contemporaneously provided under more than one benefit on any legal matter. Those provisioned may not secure services from the Legal Service Provider for the same matter under more than one PPL Contract, regardless of the number of such Contracts owned.

R. Change of Contract: No change in this Contract shall be valid until approved by an officer of PPL and unless such change is endorsed on or attached to the Contract. No agent or sales associate has authority to change the Contract or to waive any of its provisions. PPL reserves the right at all times to make any changes to this contract including its pricing without notice. Where PPL does give notice, such notice will be given within thirty (30) days of such change coming into effect during the contract term.

S. Cancellation of Contract: PPL reserves the right for any reason and at its absolute discretion to

cancel this contract (including for fraud or non payment of member fees), by giving the business entity a thirty (30) day written notice at the business entity’s address according to the records of PPL. This Contract will be terminated immediately for fraud and at PPL’s absolute discretion cancelled for non-payment of membership fees or intentional misrepresentation of any facts in the application form or of any matter submitted to the Legal Service Provider, or an attempt to utilise benefits for a person or entity not eligible for services pursuant to this Contract. All outstanding membership fees unpaid under the contract period become payable immediately if the contract is cancelled or payment is stopped by the member prior to the renewal date of the contract. In the event of cancellation, only those events reported in writing to the Legal Service Provider by PPL, during the eligibility period are provided for; All services thereafter will be chargeable by the Legal Service Provider at their full hourly rate. All membership fees are considered earned when paid and will not be refunded should this Contract be cancelled by those provided for or terminated by PPL.


T. Legal Service Provider’s Professional Judgement: It is within the sole discretion of the Legal service Provider to determine whether to bring or defend a proceeding, or assert or controvert any issue therein, in any instance where the Legal Service provider reasonably believes the matter is frivolous, unmeritorious or where the Legal Service Provider cannot put forth a good faith argument for an extension, modification or reversal of existing law. The Legal Service Provider will use his/her professional expertise to the fullest benefit of his client’s cause and nothing in this Contract shall be construed as compelling the Legal Service Provider to use any legal procedure in a manner contrary to his/her professional code of practice. PPL will in no way influence or affect the rendering of professional services of the Legal Service Provider, that prerogative being reserved by the Legal Service Provider.

U. Renewal Procedure: In the event of cancellation of this Contract, either by the business entity or

PPL, then PPL reserves the right to grant reinstatement of the membership. When reinstatement is granted, this Contract will be reinstated upon payment by the business entity of the appropriate fee plus any unpaid membership fees. Failure to renew this Contract and pay any unpaid membership fees may result in cancellation of this Contract in accordance with clauses S and Z of these general provisions.

V. Change in Fees: PPL reserves the right to change the established membership fee for this membership. Changes in the membership fee will only occur after the current payment period has expired. Any new fee structure will automatically commence at the beginning of the new Contract period, unless otherwise advised in writing.

W. PPL: Any reference to “PPL” in this Contract refers to Pre-Paid Legal Services Pty Ltd.

X. Indictable Offence: Means any offence potentially triable by a jury as listed in the Criminal Code as

amended or defined as such in any other statute.

Y. Early Termination: This membership is an initial twenty four (24) month contract, commencing on the date the membership application is accepted and will automatically renew on an annual basis unless otherwise advised in writing by the member. If any payment of subscription remains outstanding for more than thirty (30) days from the due date, then PPL may at its absolute discretion terminate or deem the contract to be in default. If a member, for any reason, does not maintain this contract for the full twenty four (24) month period or the full term of any renewal period thereafter, then the amount unpaid for the remainder of any Contract term becomes immediately due and payable, in full. PPL may, at its absolute discretion, charge a payment processing fee (of 5% of the plan’s monthly fee) for each month of default and seek to recover the amount owing, in full or in part, along with all costs associated with doing so as part of any recovery process.

Z. Suspension of Membership: In the event that a member shall fail to make payment of fees and/or

disbursements to a Legal Service Provider within the normal trading terms of that Legal Service Provider, the benefits to be enjoyed by the member under this plan shall be suspended until such time as there is full payment of fees and disbursements to the Legal Service Provider. Any work carried out by a Legal Service Provider during the period of any suspension shall be carried out at the Legal Service Provider’s ordinary rate.

AA. Membership Reinstatement: Reinstatement of membership after termination is at the discretion of PPL. Membership may be reinstated, without penalty if the business entity pays all arrears of subscriptions in full. If a membership is terminated and the former business entity wishes to commence a new membership without reinstating the former membership, PPL may, at its absolute discretion, reject the application, or may accept the new application with the following conditions;

(i) If a business entity had previously been a member for three (3) months or less, then a waiting period of nine (9) months will apply for benefits under the new membership, with the exception of Section 1 Preventative Legal Services and Section 8 Other Legal Services of this Contract that will have no waiting period.

(ii) If a business entity had previously been a member for between four (4) and six (6) months, then a waiting period of six (6) months will apply for benefits under the new membership, with the exception of Section 1 Preventative Legal Services and Section 8 Other Legal Services of this Contract that will have no waiting period.


(iii) If a business entity had previously been a member for between seven (7) and nine (9) months, then a waiting period of four (4) months will apply for benefits under the new membership, with the exception of Section 1 Preventative Legal Services and Section 8 Other Legal Services of this Contract that will have no waiting period.

(iv) If a business entity had previously been a member for between nine (9) and twelve (12) months, then a waiting period of three (3) months will apply for benefits under the new membership, with the exception of Section 1 Preventative Legal Services and Section 8 Other Legal Services of this Contract that will have no waiting period.

All causes of action arising during any waiting period, or during any period where the membership had been terminated are deemed to be pre-existing causes of action and any legal service required will fall within the Other Legal Services of this Contract of this Contract.

BB. Fees & Disbursements: Each member is responsible for payment of their own court costs, fines, penalties, court filing fees and all disbursements and out of pocket expenses, including stamp duty, rates, taxes and GST, incurred by the Legal Service Provider, in the course of dealing with each member’s individual matter. Payment of any fees or disbursements will be within the Legal Service Providers normal payment terms.

End of Contract.

CONTACT DETAILS For more information contact your independent Associate or Pre-Paid Legal direct:

Pre-Paid Legal Services Pty Ltd

Corporate Office: Suite 1/160 Burswood Rd,

Burswood, WA, 6100

Phone:

Fax:

(08) 9355 5822 (08) 9355 5833

WST during normal office hours.

Email: [email protected]

Web site: www.prepaidlegal.com.au


Usage of Plan Entitlements: Where the allotted service entitlements provisioned within a section of this contract become fully utilised, then any additional services provided by the Legal Service Provider under that section of the contract will unless otherwise specified be provided for under Section 8 Other Legal Services of this contract.

CC.

Preferred Member Discount Rate: Means a discount rate of 25% off the Legal Service Provider ’s standard hourly rate for the given service.

Priority Member Rate: Means a discount rate of 50% off the Legal Service Provider’s standard hourly rate for the given service.

DD.

EE.

mailto:[email protected]

http://www.prepaidlegal.com.au/

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