Legal Services Policy
Important information relating to this Policy
Acis Legal is a Queensland incorporated legal practice within the Acis group.
Acis Legal has a single client, being Acis.
Only an Australian qualified legal practitioner is authorised to prepare legal documents. Acis Legal supplies legal documents to Acis to assist Acis in providing the Services you request, whether through the Website, the Platform or in another way. Acis Legal does not provide legal documents or legal services to you.
Acis Legal is engaged by Acis to:
- prepare legal documentation for Acis;
- take reasonable measures to ensure the legal documentation supplied to Acis is contemporary, accurate, relevant and appropriate according to the general category of Service that is ordered;
- ensure every legal document is prepared under the supervision of fully qualified lawyers and paralegals.
- is not engaged to provide legal services, or any other services, to you;
- is not responsible to you for the contents of any document forming part of a Service requested by you;
- provides legal services to Acis solely for the purpose of Acis providing a Service to you.
What is General Advice?
When used in this Policy, general advice means, without limitation, advice relating to:
- why a particular Service may be used generally, without considering why it is specifically being considered or the desired outcome or legal effect of the documents forming part of the requested Service;
- the general effect of laws applying to Services Acis provides, without considering specific circumstances;
- the standard provisions in documents forming part of a Service and any possible, general outcomes they may produce, but without considering specific circumstances;
- potential considerations for you to take into account when considering documents forming part of a Service.
Acis receives orders for Services from you.
If you are a professional adviser, Acis takes instructions from you after you have taken instructions from your client and you have made decisions about what is appropriate for their interests and specific requirements. In these cases, only you can make decisions about what is most appropriate for your client and their circumstances. You have the relationship, history and client background. You provide advice and direct your client about what is the most appropriate course of action for their specific needs and desired outcomes. Acis has no engagement or interaction with your client.
If you are not a professional adviser, Acis receives orders and takes instructions from you after you have made decisions about what is appropriate for your interests and specific requirements. Only you can make decisions about what is most appropriate for you and your circumstances. You have your own history and background. You should seek advice from a professional adviser who can direct you about what is the most appropriate course of action for your specific needs and desired outcomes.
When you have contact with Acis, whether or not you have requested us to provide Services, you agree to the terms of this Policy and that:
- Acis and Acis Legal provide general advice only;
- neither Acis nor Acis Legal can give legal advice to you or your clients;
- where information is provided to you, whether or not it is provided in response to your questions or enquiries, that information is not legal advice;
- if you or your client require legal advice, Acis will, if requested to do so, refer you to an external law firm who can engage with you and/or your client in relation to the provision of that advice;
- you have satisfied yourself that any Service you order satisfies your or your client’s specific needs;
- you have satisfied yourself that the contents of any documents forming part of a Service requested by you are appropriate to you or your client’s specific needs and take effect in a way in which you intend;
- you will read the documents forming part of a Service requested by you and advise us if you believe that they do not achieve your intended purpose before being used;
any contact you have with Acis Legal is for the purpose of:
- confirming or clarifying your instructions to Acis in relation to Services you have requested from Acis;
- providing general advice in accordance with this Policy;
- neither Acis nor Acis Legal have considered your or your client’s needs or requirements in relation to Services requested by you. Your or your client’s specific circumstances including your or their asset and liability position, taxation or financial position, desired outcomes, structural requirements or retirement outcomes or any desired effect of the structures or documents forming part of a Service have not been considered in relation to Services requested by you;
- the legal, commercial and taxation effects of a document vary and a document’s appropriateness and/or suitability to a specific transaction or structure will, therefore, vary according to your or your client’s particular circumstances;
- your or your client’s intended purpose for a Service or the documents forming part of a Service requested by you and the intended outcome of using that Service or those documents is known only to you and/or your client. Neither Acis nor Acis Legal accept any responsibility for your choice of Service or document for a specific purpose.
Examples of general advice
For the avoidance of doubt and so as to clarify what is meant by the expression general advice, we provide the following examples:
My client wants to start a new business or acquire property. Should they use a company or a trust?
Neither Acis nor Acis Legal will advise you on the proposed structure of a new venture or acquisition. However, Acis and/or or Acis Legal, may provide general guidance on the pros and cons of one structure over another. This would be general advice. A choice of structure is yours alone.
A trust deed is more than 15 years old. I know there have been many changes in practice, legislation and/or case law that mean the deed may be out of date. Can you review the deed and recommend what changes need to be made to it?
Acis and/or Acis Legal may make general observations relevant to a trust deed, taking into account legislative changes and Court and tribunal decisions. This would be general advice.
Any subsequent amendment to the deed will not take into account your or your client’s specific requirements and circumstances. Acis and/or Acis Legal may make suggestions to you about the general operation of a trust deed. This would be general advice. Neither Acis nor Acis Legal will recommend any specific course of action. A choice of any course of action is yours alone.
Why would I appoint a corporate trustee rather than an individual trustee?
Acis and/or Acis Legal may provide general guidance on why a corporate or individual trustee may be preferred. This would be general advice. Neither Acis nor Acis Legal will recommend a preferred choice of action in any specific situation. This choice is yours.
Who should I appoint as the Appointor/Principal of a trust?
Acis and Acis Legal may provide general guidance on why a person should or should not be appointed as an Appointor/Principal. This would be general advice. Neither Acis nor Acis Legal will recommend a preferred choice of action in any specific situation. The choice of Appointor/Principal is yours.
While all reasonable efforts will be made by Acis to ensure accuracy, we rely on you to provide accurate information in relation to Services requested by you. Where you have provided information, you agree and acknowledge that:
- the documents forming part of a Service requested by you will be prepared in accordance with your instructions and the information you provide;
- you accept sole responsibility for all information provided by you or incorporated or used in a document forming part of a Service requested by you from that information.
Acis Legal means Acis Legal Pty Ltd ACN 634 098 543.
Acis, we, us and our means Acis Pty Ltd ACN 131 906 851 and its associated companies, employees, contractors, agents, officers, and advisers.
You (whether capitalised or not) means:
- where you are a professional adviser firm or entity, each of the firm or entity and each of its Representatives;
- in any other case, the person requesting the provision of Services and each of the person’s Representatives,
and Your (whether capitalised or not) has a corresponding meaning.
Words used in this Policy have the same meaning when used in Acis’ Terms and Conditions unless otherwise defined.
This Policy must be read in conjunction with, and forms part of, Acis’ Terms and Conditions.
General overview for professional Advisers
The table below outlines a number of common activities that may be undertaken where a person (the “client”) engages a professional adviser (the “Adviser”) and the Adviser engages Acis to provide a Service. It also identifies the party who is responsible/on risk in relation to each activity. It is not intended as an exhaustive list.
Party Responsible/On Risk: Adviser
Where the Adviser is the party responsible/on risk, the Adviser should determine if their professional indemnity insurance cover will insure against the risk. Any information provided by Acis to the Adviser in relation to these activities is general advice.
Party Responsible/On Risk: Acis
Where Acis is the party responsible/on risk, Acis accepts the risk of arranging for the completion of legal documents in accordance with the Adviser’s instructions. Acis does not accept any risk where the Adviser’s instructions are incorrect or incomplete. Advisers should determine if their PI Cover will insure against other risk. Any information provided by Acis to the Adviser in relation to these activities is general advice.