Firm Compliance

Terms & Conditions

The standard terms of engagement and statutory client care covenants governing professional services provided by Quay Law solicitors in Auckland.

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Trust Account Security

All customer funds held for conveyancing settlement deposits or trust balances are held in our segregated, audited trust account.

Strict Auditing: Our trust account transactions are fully audited and comply strictly with the Law Society Trust Account Regulations and the Lawyers and Conveyancers Act 2006.

Standard Terms of Engagement

These terms and conditions (the "Terms"), together with the specific Letter of Engagement issued for your file, govern the legal services provided by Quay Law to our clients. By instructing us to act on your behalf, you accept these Terms in full.

1. Law Society Client Care Commitments

In accordance with the Lawyers and Conveyancers Act 2006 and the Rules of Conduct and Client Care for Lawyers, Quay Law commits to:

Act competently, in a timely manner, and in accordance with instructions received and arrangements made.
Protect and promote your interests and act for you free from compromising influences or conflicts of interest.
Provide you with information about our work, its progression, and the professional staff members involved.
Charge you a fee that is fair and reasonable and explain how and when it will be billed.
Give you clear information and advice, and protect your privacy and confidential information.

2. Professional Fees & Billing Rules

Our fees are calculated to ensure they are fair and reasonable, taking into account factors including time spent, skill and knowledge required, project complexity, value of transaction, and matter urgency:

**Fixed-Fee Agreements**: For standard conveyancing (buying/selling), Wills, and EPAs, we provide written fixed-fee proposals. These quotes cover standard tasks outlined in our engagement letter. Any out-of-scope work required (e.g. dealing with unconsented structures or complex easement variations) is billed separately.
**Hourly Billing**: For complex trust audits, commercial negotiations, and specialized commercial property files, we bill on an hourly basis at rates specified in your Letter of Engagement.
**Out-of-Pocket Disbursements**: In addition to our professional fees, we bill for out-of-pocket expenses incurred on your behalf (such as LINZ registration fees, search fees, AML compliance verification fees, and courier charges). These are billed at cost.
**Goods and Services Tax (GST)**: All fees and disbursements are subject to GST at the statutory rate (currently 15% in New Zealand).

3. Invoicing and Payment Terms

Unless otherwise specified in writing, the following payment conditions apply:

**Immediate Due Date**: Standard invoices are due immediately upon receipt of the invoice.
**Conveyancing Settlements**: Payment for all conveyancing fees, disbursements, and settlement balances must be received in cleared funds in our trust account **on or before the day of settlement** before title transfer occurs.
**Overdue Invoices**: We reserve the right to charge interest on overdue accounts at a rate of 12% per annum, calculated daily from the due date until full payment is received. We also reserve the right to stop work on your file if invoices remain unpaid.

4. Trust Account Operations

We maintain a trust account for holding client funds, including transaction deposits, settlement proceeds, and trust funds:

**Segregation**: All client funds are held separately from the firm's operational bank accounts.
**Audit Compliance**: Our trust account operations are audited in strict accordance with the Law Society Trust Account Regulations.
**Interest on Deposit (IBD)**: Where funds are held on your behalf for a significant period, we can place those funds on Interest Bearing Deposit (IBD) with our bank, subject to receiving your written authorization and completed tax details.

5. Professional Indemnity & Fidelity Fund

We maintain professional indemnity insurance that meets or exceeds the minimum standards set by the New Zealand Law Society:

**Insurance Coverage**: Our policy provides cover for professional liability and negligence claims, ensuring client interests are protected.
**Solicitors Fidelity Fund**: The NZ Law Society operates the Lawyers' Fidelity Fund, which provides cover for clients who suffer monetary loss due to the theft or misappropriation of funds by a solicitor. Note that this fund does not cover investment losses.

6. Dispute Resolution and Complaints

We pride ourselves on providing premium client service. If you have any concerns regarding our billing, service quality, or advice, please raise them immediately with principal solicitor Ian Mellett at info@quaylaw.co.nz. We will review your concerns and work to resolve them internally. If you remain dissatisfied, you have the right to lodge a formal complaint with the New Zealand Law Society's Lawyers Complaints Service (phone 0800 261 801).

1. Information We Collect

To perform property conveyancing, trust audits, and estate drafting services, we collect various types of personal information directly from you:

**Identity Verification Data**: Certified copies of passports, driver licences, and utility bills required to verify your identity under the Anti-Money Laundering and Countering Financing of Terrorism (AML/CFT) Act 2009.
**Financial & Wealth Data**: Bank accounts, mortgage pre-approval letters, and source-of-wealth records (such as trust assets, share certificates, or inheritance receipts).
**Contact Coordinates**: Full names, email addresses, phone numbers, and physical residential coordinates.
**Matter-Specific Files**: Marriage certificates, wills, separation agreements, business leases, and company registry files.
**Digital Usage Analytics**: IP addresses, browser types, cookie settings, and web form submissions collected via our site.

Instruct Our Auckland Solicitors Today

Quay Law provides transparent, fixed-fee quotes for residential property conveyancing, Will preparation, and Family Trust audits. Request a written fee proposal today.

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Frequently Asked Questions

A disbursement is an out-of-pocket expense that Quay Law pays to third parties on your behalf to complete your legal transaction (such as LINZ search fees, registration fees, AML verification check costs, or courier fees). We do not mark up these fees; they are billed to you at cost and detailed on your final invoice.

Yes. All professional fees, disbursements, and settlement purchase balances must be cleared in our trust account **on or before the day of settlement**. We cannot execute Landonline transfers or release title changes until all necessary funds have cleared.

You may terminate your instructions to us at any time by giving us written notice. If you cancel, we will issue an invoice for all professional fees and disbursements incurred up to the date of cancellation. We reserve the right to retain your files and documents until all outstanding invoices are paid in full (a solicitor's lien).