Costs Agreement / Agreement for Services and Fees / Tax Invoice

Division 4 of Part 4.3 of the Legal Profession Uniform Law (Victoria) (“Uniform Law”)
allows a law practice and you (the client) to agree on how the law practice’s charges are
to be calculated and paid. It is called a “Costs Agreement”, and it may be enforced in the
same way as any other contract. This document is an offer to enter into a Costs
Agreement in accordance with the information contained in the Disclosure Statement
given to you, and in compliance with Division 3 of Part 4.3 of the Uniform Law.

If you accept these terms, the Disclosure Statement and this document will make up the
complete Costs Agreement between us for this matter. You may accept the costs
agreement by signing and returning the copy of this document, or by continuing to give
instructions to us in this matter.

Where this Cost Agreement is addressed to more than one person, or to a company and
an individual, each addressee is individually bound by it, jointly and severally. Any
addressee that does not intend to be so bound, must communicate that fact to us in
writing, however we reserve the right to decline to act further or at all for the remaining
addressees.

Firm Details

Agent’s Full Name: Ms. Teresa Morfuni / Mr. Andre Davide Congiu
MARA Registration Nos. 0848853/ 0319022
Firm Name: NEO PHOENIX PTY LTD
ABN Number: 11 105 187 219
Agent’s Business Address & Contact Details: Level 30, 35 Collins St, Melbourne VIC
3000, Australia
Email: migration@myaustralianvisa.com
Phone: +61 3 9900 6253

Client Details
Rodolfo Pérez
180 A’Beckett St Melbourne VIC 3000
Mobile: 0450 232 816
Email: rperezvillada@gmail.com

Term of Agreement

This agreement covers the work mentioned under the “Services to be provided” section
and expires once a decision has been made on the particular application.
Service Details
Details of the visa category and activity to be undertaken by agent on behalf of the client.

Service Category: Administrative Appeals Tribunal (AAT) Appeal of Medical

Treatment Subclass 602 Visa Refusal Submission and follow up until decision.

The work we have not been instructed to do is anything other than or not incidental to the
above.

Services to be provided:

Taking instructions from you, perusal of our online assessment and consultation, analysis
of your profile, research of The Migration Regulations 1994 and The Migration Act 1958,
assessment of your profile and visa options, preparation of your advice, researching and
responding to any emails or Ask an Agent questions, preparation and submission of your
AAT appeal of Medical Treatment Subclass 602 Visa Refusal Application Refusal
with all due care, skill and attention, follow up with AAT in any standard processing
matter, written correspondence with AAT until a decision is made on the visa application
and any other related matters including settlement information and advice.

The work we have not been instructed to do is anything other than or not incidental
to the above.

Professional Indemnity Insurance:

The Agent does maintain a current Professional Indemnity Insurance at the time of
entering into this agreement covering the services to be provided under this agreement.

[Note; It is not obligatory for migration agents to hold professional indemnity insurance.
However clause 2.3A of the Code provides that an agent’s professionalism should be
reflected in the making of adequate arrangements to avoid financial loss to a client.]

Professional Fees

Our charges will be calculated in accordance with fixed charges detailed in the
Disclosure Statement given to you.

The professional fees amount outlined herein are an estimate only for a standard
application.

Further fees will be payable for all non-standard applications. Please see below for details
outlining what constitutes a non-standard application.

Professional Fee Type: Lump Sum Agreement

[Note: Agents are required by part 5 of the Code of Conduct to set and charge a fee that is
reasonable in the circumstances]

10% GST (Goods & Services Tax): Is payable on this transaction

Variation of Professional Fees

The fee range provided above is in contemplation of a standard application.

However, should any of these applications proceed in a non standard manner by reason of
one of the factors outlined below, then the Agent reserves the right to charge the Client
further professional fees for additional work to be carried out over and above that set out
in the Statement of Services section of this agreement at the hourly rate of $330/hour.
Non Standard Processing of Application

Your application may not proceed as planned by virtue of any of the following factors
which are out of the control of the Agent. Factors that can cause an increase our
professional fees (in relation to the amount set out herein) include:

- The particular stance of DHA Case Officer

- Change in migration legislation or policy during processing in an area affecting
these applications
- Any Health and Character Issue faced by any applicant (s)
- Failure to provide or lack of proper Documentation required to be provided by
any applicant or sponsor/assuror
- Any issue due to non compliance on behalf of you or any applicant in relation to
the duty to provide full and honest disclosure of all facts relevant to this
application
- Any issue in relation to failure of a Sponsor or Assuror to meet the requirements
of Sponsorship and/or Assurance of Support (if applicable)
- Factors that can cause an increase our professional fees (in relation to the amount
set out herein) include:
- The volume of correspondence we are required to write and send on your behalf
and/or receive, or are required to respond to while acting on your behalf;
- The frequency and/or number of meetings we are required to undertake on you
and/or third parties;
- The occurrence of future developments which we cannot as yet predict which may
require additional and/or further attendances and/or increase the relative urgency
and/or complexity of the matter;
- Whether and how quickly you provide us with instructions and documents when
requested and whether we have to repeat our requests;
- The accuracy and comprehensiveness of instructions you do provide us;
- The volume of documents we are provided with or are obtained by us and to
which we are required to pay attention or exercise legal skill and knowledge in
respect of;
- Any other issue deemed non standard by the Agent

Should any of the above factors arise we must provide an estimate of the costs of any
additional work before undertaking any work and we must receive your approval to
bill for same.
LEGISLATIVE OR POLICY CHANGES

Change in DHA Legislation or Policy before or during processing of any application

which negatively impacts the ability for you to meet the requirements are outside
the Agent’s control.

You acknowledge that any professional fees paid are not refundable simply by
virtue of a change by the Minister of Immigration and Citizenship of relevant
Legislation or Policy.

Departmental Fees and other Charges:

The Client is also responsible for any other fees and charges including but not limited to
the following:

AAT Appeal Application: AUD$1,826

Postage: AUD$TBA
Photocopy: AUD$TBA

Government and other fees shall be payable on request to the relevant 3rd party.

NOTE: All fees and charges including professional fees may attract GST

Payment Method

Agreed Professional Fees: AUD$5,500.00 incl GST payable by 2 Installments.

Other: Professional fees are held in Client Trust Account until completion of submission
of visa application.

Disbursements

The Client is also responsible to pay the Agent in addition to the Professional Fees
outlined herein a sufficient amount to cover the Disbursements.

Disbursements include any other expenses properly incurred by the agent on the client’s
behalf in order to effectively carry out the services outlined herein including:

 Agent photocopying
 Courier fees (sending visa application by DHL overnight courier to Processing
Office)
 Postage fees (for correspondance with Case Officer and client)
Disbursements: AUD$0

AMOUNT TO BE PAID

1st Installment - AUD$1,100.00 to be paid upon initial advice and AAT appeal
application.

2nd Installment - AUD$4,400.00 to be paid prior to AAT hearing.

Professional Fees: AUD$5,500.00

Disbursements: AUD$0

TOTAL AUD$5,500.00 including GST

We may give bills to you in any way specified in Rule 73 of the Legal Profession
Uniform General Rules 2015.

For the purposes of Rule 73, you consent to receiving bills:

 by fax to the number specified by you;

 by email address or mobile phone number to the address or number
specified by you; or
 by any other means of electronic transmission agreed to by you and us.
TERMS & CONDITIONS

1. APPOINTMENT OF AGENT:

The client hereby appoints the above named Registered Migration Agent to represent the
client and to assist the client in connection with the visa application or other services
described in this agreement.

2. SERVICES TO BE PROVIDED:

The services to be provided under this agreement include the following:

a. The provision of advice relevant to the visa category and the choice of category.

b. Assistance in the completion and/or checking of relevant forms for making the visa
application as the case may be.

c. Advice and assistance in relation to the provision of personal and official

documentation required to support the application.

d. Analysis of current Immigration Law and the legal requirements for the nominated
visa category and the preparation of any necessary supporting submissions to the AAT.

e. Submission of the Appeal Application to AAT for processing.

f. Liaison with AAT and the use of the agent’s best endeavors to supply any further
documentation or information requested.

g. Keeping the client fully informed of all developments concerning the progress of the
application.

h. During the processing of the application, advising the client of any changes to the law
or DHA policy requirements affecting the visa application.

i. Promptly advising the client of communications from AAT affecting the application
and, where possible, assisting the client to comply with any requests made.

j. Advising the client promptly of the outcome of the application as soon as a decision is
made.
3. THE AGENT WARRANTS TO THE CLIENT THAT THE AGENT:

a. Is registered as a migration agent with the Migration Agents Registration Authority.

b. Maintains an efficient file, accounting, and client record system and will apply that
system to the services to be provided under this agreement.

c. Has no conflict of interest in terms of Part 2 of the Code of Conduct.

d. Will receive no financial benefit from a third party as a result of providing advice of a
non-immigration nature that has not already been disclosed in writing to the client (refer
clause 2.2 of the Code of Conduct).

e. Maintains a separate client account to hold monies received on trust from the client.

f. Will act in accordance with the law and in the best interests of the client, and deal with
the client competently, diligently and fairly.

g. Has sufficient depth of knowledge of the Migration Act, Migration Regulations and
migration policies and procedures to be able to competently provide the agreed services.

4. THE AGENT AGREES:

a. To provide courteous, attentive service to the client.

b. To prepare the application in a comprehensive, timely, fair and ethical manner and
lodge it within reasonable time frames and in accordance with the Migration Act and
Regulations. In doing so the agent will comply with all statutory and other deadlines
provided it is within the agent’s reasonable power to do so.

For the sake of clarification it would not be within an agent’s reasonable power to
comply with a deadline if the client has failed to provide necessary documents or the fees
necessary to effect such compliance.

c. To give the client clear explanations of their immigration status and appeal application
processes available.

d. To provide frank and candid advice to the client as to the prospects of success of the
application.

e. To assign competent and skilled staff to the task.

f. To provide clear and timely advice on the progress and outcome of the client’s appeal
application.
h. To observe and comply with the Code of Conduct prescribed for registered migration
agents and contained in Schedule 2 of the Migration Agents Regulations 1998.

i. To provide the client with a copy of the Code of Conduct upon request.

j. To provide the client with a copy of the application on request (client must pay 80 cents
/page for photocopies and also pay for postage).

5. THE CLIENT ACKNOWLEDGES:

a. That the client will provide all instructions in writing via email. All correspondence
between the agent and client should be in writing in preference to telephone so as to
prevent confusion.

b. The agent has provided the client with a copy of the Consumer Guide. If client is a
Level 1 Service client then same has already been provided in the Online Visa Centre.

c. The agent has informed the client that he or she is entitled to receive copies of the
application and any related documents. The agent may charge a reasonable amount for
any copies provided.

d. The agent has not represented to the client that he or she can procure a particular
decision from AAT or DHA or any other decision-maker in this matter.

e. The final decision on an application submitted to a Government processing office is

beyond the control or influence of the Agent and that the Agent makes no guarantee of
success nor claims whatsoever as to any special access to or influence on the decision-
maker.

f. Your obligations - We require you to, and you agree to:

 provide full and honest instructions relevant to your matter and any
material change in your circumstances that might impact on your matter
while we continue to act for you;
 co-operate in the matter and do all that we reasonably request of you in a
timely manner;
 accept and follow our reasonable legal advice; and
 provide funds in advance in accordance with this Costs Agreement or
some later arrangement.
If you fail to comply with any of these conditions, we have the option to terminate this
Costs Agreement by advising you of termination in writing.
Unsuccessful Appeal – AAT Affirming the DHA Decision

This agreement only relates to work to be carried out in relation to submission of the
AAT application and processing of same and terminates upon a decision being made in
relation to the Client’s visa application.

Therefore in the event that the AAT affirm the decision by DHA to refuse the visa
application this agreement does not cover any work in relation to lodging a new
Nomination/Visa application or any further work whatsoever. In such a case, should the
Client request the Agent to provide further work such as advice or assistance on any
appeal or review rights a new Client & Agent Agreement will need to be entered into.

f. The Agent shall not be liable for any loss arising from retrospective changes in the law
affecting the client’s application. Migration legislation is subject to frequent change and
all relevant pieces of legislation is publicly available

g. The Agent has advised the client not to sell property, leave employment or finalise any
business or personal affairs until after receipt of written approval of the application by
DHA.

CONFLICT OF INTEREST

h. That if a conflict of interest arises in terms of Part 2 of the Code of Conduct, the agent
can no longer advise or represent the client in its capacity as a migration agent. The agent
will notify the Department that it is no longer acting for the client and advise the client
about appointing another migration agent.

If we cease to act for you or you stop using this law practice
Circumstances may arise (such as a conflict of interest) that make it impossible for us to
continue to act for you. We may also cease acting for you if you breach your obligations
as set out above.
We will notify you immediately if any of the above matters arise.
If we cease to act for you:
 we will take steps to remove our name from the court record in any court
proceedings;
 you will receive a final account which will include all outstanding legal
costs;
 you must pay our legal costs up until the date we cease to act; and
 we may retain your file and keep your documents until we are paid, subject
to any other statutory requirements.
If this law practice ceases to act for you during the course of this matter and before there
is an outcome, then all legal costs incurred up to the date of the termination will be
charged.
You may end our engagement by written notice at any time. If this occurs then all legal
costs incurred up to the date of the termination will be charged and become immediately
payable. Depending on circumstances, we may be entitled to exercise our right to a
solicitor’s lien by retaining documents related to any matters we are conducting on your
behalf.

6. THE CLIENT WARRANTS:

a. That all information provided to the agent is to the best of the client’s knowledge and
belief, true and correct and that all documents supplied are similarly genuine and
authentic.

b. That they shall do all in their power to comply with requests for further documentation
or information from the Agent, DHA or any other relevant body or person in a timely and
efficient manner.

7. OTHER TERMS AND CONDITIONS:

a. The Agent: Will be under no obligation to submit the client’s application to the
Department until payment has been made in full of all fees due and payable at that stage.

b. Goods & Services Tax: Where the Goods and Services Tax (GST) is payable in
respect of the Agent’s services such tax shall be payable in addition to the agreed fee.
[Note: as a general guide, clients who are not residents of Australia for income tax
purposes are usually not liable for GST. However the client should obtain specific advice
on this point if in doubt.]

c. Invoicing: The Agent will be entitled to invoice the client for the work in the agreed
stages or block of work upon completion of the work in each stage or block. Each invoice
sent to the client will include a statement of service which sets out the particulars of each
service performed, and the charge made in respect of each such service. Immediately
upon rendering such invoice the agent may transfer funds from the client account
in payment thereof.

d. Disbursements: The agreed fee does not include disbursements that may be incurred
by the Agent including but not limited to

The Department’s Visa Application Charges

It is acknowledged and agreed that the cost of photocopies (80 cents/page) translations
and certification of documents, health checks, couriers fees and English language
assessment fees (where necessary) are not covered by the agreed fee and are the client’s
responsibility.
It is also acknowledged that Department and Government fees may change from time to
time and that payment of them remains at all times the responsibility of the client.

The agent is entitled at any time to withdraw funds from the Client Account to pay
disbursements that are required to be paid to the Department, or any other agency, for the
client.

All Departmental fees and disbursements set out in this agreement are based on the
services requested by the client at the time of entering into the agreement.

It is acknowledged and agreed that if the service category required by the client changes,
then any resulting change in the Department’s application fee will be the responsibility of
the client.

It is also acknowledged and agreed that the disbursements set out in this agreement are
only an estimate and any variance in such estimate or any additional cost for outside
expertise (where necessary) will also be the responsibility of the client.

e. Termination of agreement: This agreement may be terminated on terms agreed by

both parties. In the absence of such agreement the client may terminate the agreement by
reasonable notice in writing to the Agent.

The agent may terminate the agreement by reasonable notice in writing to the client
specifying just cause for such termination (refer clause 10.1 of the Code of Conduct). In
the event of the agreement being terminated in accordance with this clause the Agent will
be entitled to be paid all proper disbursements and out of pocket expenses incurred on
behalf of the client as well as a pro-rata proportion of the agreed professional fees based
on the time devoted to the case up to the time of termination.

On completion of the services under this agreement, the agent will, if requested by the
client, give to the client all original documents the client has paid for or given to the
agent.

f. Resolution of Disputes:
Mediation, Arbitration and other Dispute Resolution Processes:

(a) All disputes arising out of this Agreement shall first be the subject of discussion
between the agent and the client with the objective of negotiating an amicable settlement.
The results of such amicable settlement shall be issued in writing and signed by both the
Agent and the Client.

(b) If no amicable settlement is reached within twenty-one (21) days (or such longer
period as may be agreed between the parties) of one of the parties requesting an
opportunity to discuss the dispute, the parties agree to refer the disputed matter to the
Australian Commercial Disputes Resolution Centre (“ACDRC”) for final settlement in
accordance with the Rules of the ACDRC by a single arbitrator appointed in accordance
with the said Rules or by adopting and agreeing to another dispute resolution process
suggested by the Secretary of ACDRC and acceptable to the parties.

g. Confidentiality: The Agent will preserve the confidentiality of the client and will not
disclose or allow to be disclosed, confidential information about the client or a client’s
business without the client’s written consent, unless required by law.

h. Retention of documents: Subject to any instructions by you to the contrary, you

authorise us to destroy, at any time and without consulting you, any documents we hold
in hard copy form regarding your matter that by law are regarded as belonging to you,
(except any wills, deeds, leases and agreements). If we destroy any hard copy document
before the date 7 years after the completion or termination of our engagement for your
matter, then we will create an electronic copy before destroying it. Where we hold
documents in electronic form regarding your matter and you are entitled to a copy of
them (including electronic copies created as above), we will retain them for at least 7
years after the completion or termination of our engagement for your matter. (If you
request these documents they will be provided to you in electronic form, not hard copy.)
After that period we may, unless you instruct us otherwise, destroy them without further
notice to you.

i. Variation of the Code of Conduct: This agreement attempts to comply fully with the
Code of Conduct. If the Code of Conduct is amended and this agreement does not comply
with the amended Code, the agent and the client agree that the agreement shall be
amended to the extent that it must to comply with any such amendment.

j. Variation of this Agreement: The Agent may vary any content of this agreement by
notice in writing at any time prior to expiration of the term of this agreement.

Consumer Guide

The client acknowledges that they have been provided with a copy of the current version
of the Consumer Guide document providing Information on the Regulation of the
Migration Agent Profession and also that they can download a copy of the current
Consumer Guide and Code of Conduct from the MY AUSTRALIAN VISA.com website.

You are advised to seek independent legal advice prior to signing this Costs
Agreement or otherwise agreeing to the terms of this Costs Agreement and the
Disclosure Statement given to you under Division 3 of Part 4.3 of the Uniform Law.
You ACKNOWLEDGE that you have:

•Received a Disclosure Statement pursuant to Division 3 of Part 4.3 of the Uniform

Law; and
•Read, understood and approved this Costs Agreement, including the Disclosure
Statement; and
•Been advised of your right to get independent legal advice before entering into this
Costs Agreement;

Signed by Client: ………………………………………………..Date:

Rodolfo Pérez

Signed by Solicitor and Registered Migration Agent: …………………………Date:

Andre Congiu

Liability limited by a scheme approved under Professional Standards Legislation.