Last updated: 29 February 2024
Please read these Terms and Conditions (“Terms”) carefully before registering and using the platform called Law Tram owned and operated by Internet Law Pty Ltd (ACN 130 464 574) as trustee (“Law Tram”, “us”, “we”, or “our”).
Your registration and continued use of the platform as a Legal Partner is conditioned on your acceptance of and compliance with these Terms. By registering or using the platform, you agree to be bound by these Terms.
1. Definitions and Interpretation
1.1. Account: Refers to the registered profile of a Legal Partner on the platform, which provides access to potential client briefs and other platform features.
1.2. Client: Refers to any individual seeking referral to legal services through our platform.
1.3. Client Engagement: ‘Engagement’ for the purposes of this agreement specifically refers to any form of agreement, whether written or verbal, where the Legal Partner agrees to provide legal services to the client. This includes, but is not limited to, preliminary consultations, advice, and any other form of legal service. Any form of communication or interaction that leads to the provision of legal services, irrespective of the duration or depth of such services, shall be considered as an ‘Engagement’.
1.4. Employee: Refers to an individual who is currently employed by a registered law practice in Australia and uses the platform in their capacity as a representative of that law practice.
1.5. Legal Fees: Refers to the fees charged by you to the client for legal services rendered.
1.6. Legal Partner: Refers to users of the platform who are Australian solicitors, current employees of an Australian law practice, or Registered Migration Agents or current employees of a Registered Migration Agent.
1.7. Platform: Refers to the online service operated by Internet Law Pty Ltd (ACN 130 464 574) as trustee, designed to facilitate the connection between Legal Partners and potential clients seeking legal services.
1.8. Referral Fee: Refers to the fee, calculated as a percentage of legal fees, payable to us for clients acquired through the platform.
1.9. You or Your: Refers to the business that the Legal Partner user of our platform represents or is an employee of.
1.10. Service: Refers to the online platform operated by Law Tram, facilitating connections between Legal Partners and potential clients.
1.11. Third-party Services: Refers to any external platforms or tools integrated with or used by the Service, including but not limited to ChatGPT.
2. Platform Services and Use
2.1. We offer an online platform that facilitates the collection of legal information from potential clients, compiles the answers into a summary brief, and allows you, the registered professional, to contact these potential clients.
2.2. We do not provide legal advice and are not a law firm. The platform serves as a bridge between potential clients and legal professionals like you.
2.3. Any information provided through the platform is for general informational purposes only. You are responsible for providing legal advice tailored to the specific situation of the client.
2.4. We are not responsible for the accuracy, completeness, or reliability of the information provided by potential clients through the platform. Law Tram acts solely as a facilitator between clients and Legal Partners. We do not endorse, guarantee, or assume responsibility for the quality, accuracy, or outcome of legal services you provide.
2.5. You must ensure you have the necessary technology, including software and hardware, to access and use the platform effectively.
2.6. Engaging with clients referred through the platform, whether formally or informally, constitutes acceptance of the referral and the associated commission obligations.
2.7. The platform utilises Third-party Services, including ChatGPT, to facilitate certain functionalities. Legal Partners should be aware and acknowledge the use of these Third-party Services.
2.8. Legal Partners acknowledge that the platform relies on Third-party Services, which may pose potential risks concerning data security. While Law Tram takes reasonable measures to safeguard data, complete security cannot be guaranteed due to the reliance on these Third-party Services.
2.9. Professional Partners acknowledge the use of third-party services in the operation of the platform and understand the inherent risks associated with data security. While Law Tram takes precautions, we cannot guarantee absolute security due to the reliance on these third-party services.
2.10. Legal Partners should be aware that clients are required to provide Law Tram with copies of all invoices issued by the professional partner. This is to ensure transparency and adherence to the terms of the platform.
3. Registration, Account, and Obligations
3.1. To access potential client briefs on the platform, you must register for an account, providing accurate and up-to-date information.
3.2. You are responsible for maintaining the confidentiality of your account credentials.
3.3. We reserve the right to suspend or terminate any account if the provided information is inaccurate, false, or misleading.
3.4. You agree to adhere to a code of conduct while using the platform, which includes treating other users with respect, not engaging in any form of harassment, and not posting inappropriate content.
3.5. We reserve the right to conduct background checks on professionals registering on the platform to ensure the safety and credibility of the platform. By registering, you consent to such checks.
3.6. Where an individual registers on the platform as an employee of a registered law practice in Australia, the act of registration by the employee shall be deemed as an acceptance on behalf of the law practice to be bound by all terms and conditions of this agreement. The registered law practice shall be held responsible for all obligations, financial or otherwise, arising from the use of the platform by its employee.
3.7. Upon an employee’s registration on the platform, a confirmation email will be sent from the platform to the employee’s registered email address. The receipt of this confirmation email by the employee is deemed by both parties to constitute the explicit consent and acknowledgment of the law practice to the terms of this agreement. Both parties recognise and agree that, consistent with industry standards for risk compliance and oversight, law practices are presumed to monitor and have oversight of their employees’ email communications. As such, the law practice shall be bound by and held accountable for the actions of its employees on the platform.
4. Financial Arrangements and Fees
4.1. Platform Fees: You are not charged any upfront fees for using the platform. You agree to share a percentage of your legal fees earned from clients acquired through the platform with us as a referral fee, as specified in the attached Schedule 1: Commission Rates for Legal Sub-Practice Areas. The commission is calculated based on the gross legal fees agreed upon with the client for each specific sub-practice area, excluding any external disbursements and is exclusive of GST. Any deductions, discounts, or varied payment structures related to these fees must be communicated to us in advance and are subject to our agreement.
4.1A. Multiple Practice Areas: In the event that a client engages you for multiple legal practice areas, for example family law consisting of parenting matters and also property matters, the applicable commission payable is calculated as an average of the commission rates.
4.2. Transparency and Timeliness: All financial transactions and obligations between you and us should be conducted transparently and in a timely manner.
4.3. Disclosure to Clients: You are required to disclose to clients any referral fee arrangement or financial relationship you have with us. This disclosure should be clear, transparent, and made before entering into a formal client-lawyer relationship. Disputes raised by clients regarding the quality or outcome of legal services do not absolve you from your obligation to pay the commission. All such disputes should be resolved independently of the commission payment.
4.4. In the event of a dispute between you and your client, the commission is calculated based on the originally agreed legal fees between the Legal Partner and the client, irrespective of the actual amount received due to the dispute.
4.5. Lien Over Client’s Legal File: In order to secure the payment of the referral fee, we shall have a lien over the client’s legal file. This lien shall remain in place until the referral fee has been fully paid.
4.6. Updates on Client’s Matter: You are required to keep us updated on the progress of the client’s matter. Upon our request, you must provide an update within 3 days, especially when key milestones in the matter are reached.
4.7. Payment Due Date: Payment of the referral fee commission is due within 5 business days of you receiving the legal fees from the client. Failure to remit payment within this timeframe may result in penalties or further action. In the event of delayed payment of commissions, an interest rate of 10.0% per annum, compounded daily, will be applied to the outstanding amount. Law Tram reserves the right to take legal action to recover any unpaid commissions, and the Legal Partner will be responsible for all associated costs on an indemnity basis.
4.8. Origination of Client: Engagement with clients through the platform constitutes acceptance of the referral, irrespective of any prior origination or engagement outside of the platform. Once a client is engaged through the platform, the associated commission obligations apply. Any engagement with a client on the platform, even if there were prior engagements or interactions outside the platform, is subject to the commission obligations as outlined in this agreement.
4.9. Commission Obligation in Cases of Non-Payment by Client: While commissions owed to Law Tram are generally not contingent upon the completion of legal services, exceptions apply in cases where the Legal Partner does not receive payment from the client due to circumstances beyond the Legal Partner’s control. These circumstances include, but are not limited to, dismissal of a court application or bankruptcy of the client. In such cases, the Legal Partner is exempt from paying the commission to Law Tram. The Legal Partner must provide sufficient evidence of such circumstances, including documentation of the court’s decision or proof of the client’s bankruptcy, to qualify for this exemption. This exemption applies only to the specific matter for which the Legal Partner has not received payment and does not affect the commission obligations for other matters.
4.10. Obligation to Pay Commission: Engaging with a client through the platform establishes an obligation to pay the associated commission once legal fees from that client are received, irrespective of any prior origination or engagement at any time outside of the platform. The obligation to pay the commission arises solely from the use of the platform and the subsequent receipt of legal fees from the engaged client.
4.11. Debts not Waivable: In the event of bankruptcy, insolvency, or financial hardship, commissions owed to us remain as debts owed and are not waivable.
4.12. Provision of Costs Agreement: Upon request by us, the Legal Partner shall provide a copy of the costs agreement entered into with any client acquired through the platform. This copy must be provided within 3 business days of our request. Failure to provide the costs agreement within this timeframe may be considered a breach of these Terms.
4.13. Invoice Provision to Law Tram: The Legal Partner shall provide Law Tram with copies of all invoices issued to clients acquired through the platform. This obligation is in addition to the provision of the costs agreement as stipulated in Clause 4.12.
4.14. Client Contact and Verification: By using the platform, the Legal Partner expressly consents to and shall not object to Law Tram contacting any client engaged through the platform for the purposes of verifying the status of the matter, obtaining copies of costs agreements, and gathering any other relevant information pertaining to the performance of this agreement. The Legal Partner shall inform and obtain consent from the client at the commencement of their engagement about this potential contact by Law Tram. Any refusal or obstruction by the Legal Partner or failure to inform the client may result in immediate suspension or termination of access to the platform.
4.15 Commission on Subsequent Matters: Notwithstanding any other provision in this agreement, for any client initially referred by Law Tram to the Legal Partner, a commission shall be payable to Law Tram for all legal matters undertaken for that client within a period of 12 months from the date the client releases their personal information to the Legal Partner through Law Tram. This includes any separate, discrete legal matters that may arise, regardless of their relation to the matter for which the referral was initially made.
4.16 Duration of Commission Obligation: The obligation to pay a commission for any and all legal matters undertaken for a client referred through Law Tram shall extend for a period of 12 calendar months from the date the client releases their personal information to the Legal Partner through Law Tram. This obligation applies to all legal matters engaged with the client during this period, including but not limited to matters directly related to the initial referral as well as separate, discrete legal matters.
4.18 Exemption for Legal Aid Funded Matters: Notwithstanding any provision to the contrary within this agreement, the Legal Partner shall not be obligated to pay a commission to Law Tram for any legal matters that are wholly funded by legal aid. For the purposes of this exemption, a legal aid funded matter is defined as a case or legal service for which the legal fee is covered by a legal aid organisation registered in Australia, without any direct financial contribution from the client or the Legal Partner beyond the legal aid provisions. The Legal Partner may be required to provide Law Tram with verifiable documentation from the relevant legal aid organization confirming the matter’s funding status. This documentation must be submitted to Law Tram within 3 business days of receiving a request for such verification. Failure to provide the requested documentation may result in the legal matter being treated as a commissionable matter under the terms of this agreement. This exemption aims to support the provision of legal services to underrepresented and financially disadvantaged groups without imposing additional financial burdens on legal aid work.
5. Professional Conduct, Ethical Obligations, and Compliance
5.1. All professionals using the platform must adhere to the professional conduct rules applicable in their respective state or territory.
5.2. You are reminded of your ethical obligations, especially concerning conflicts of interest, confidentiality, and competence.
5.3. You must uphold the principle of client confidentiality, even in situations where the client might have shared information outside of the platform.
5.4. You shall not make any false or misleading representations on the platform, in line with the Australian Consumer Law and professional conduct rules.
5.5. You must comply with all obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and any related regulations and rules. Professional Partners may be required to provide evidence of compliance with the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) upon request from Law Tram. Failure to provide such evidence within a reasonable timeframe may result in suspension or termination of the Professional Partner’s account.
5.6. By using the platform, you confirm you maintain the necessary professional indemnity insurance as required by your respective state or territory law society or bar association.
5.7. You are responsible for ensuring you meet any Continuing Professional Development (CPD) requirements as mandated by your respective state or territory law society or bar association.
5.8. Failure to adhere to the professional and ethical obligations as outlined in this agreement may result in immediate suspension or termination of your access to the platform. Additionally, we reserve the right to pursue any legal remedies available to us in the event of such breaches. Any breach of the professional and ethical obligations outlined in this agreement can lead to immediate termination of the Professional Partner’s account without prior notice.
5.9. You acknowledge that it is your responsibility to ensure compliance with all ethical and professional conduct rules in your jurisdiction. By using the platform, you confirm that paying a referral fee is in compliance with such rules.
5.10. Legal Partners acknowledge that communicating specific information with Law Tram may constitute a waiver of legal professional privilege, as Law Tram is not itself a licensed law practice or solicitor. Partners should exercise caution when sharing confidential information and be aware of potential implications.
5.11.Current Law Practice Registration: By using the platform, any law practice represented by a Legal Partner confirms that it holds a current registration with the appropriate state or territory law society, institute, or other relevant legal authority. The law practice must maintain this registration in good standing at all times while using the platform. Failure to maintain a current registration may result in immediate suspension or termination of the law practice’s access to the platform and any associated Legal Partner accounts.
5.12. Legal Partners are expected to use the platform primarily for the purpose of connecting with potential clients and facilitating legal services. Any misuse or unauthorised use of the platform may result in termination of the account.
6. Exclusions
6.1. The platform does not cover any personal injury matters in the state of Queensland, Australia. You agree not to use the platform for such matters in this jurisdiction.
7. Data, Privacy, and Confidentiality
7.1. All information obtained from the platform regarding potential clients must be treated as confidential and must not be disclosed to third parties unless required by law or with the client’s explicit consent.
7.2. You must ensure you have appropriate consents from clients to share their data or information with the platform or to use the platform’s features that may access client data.
8. Platform Features, Tools, and Integrations
8.1. The platform may offer various tools, features, or resources to assist you in your practice. However, reliance on these tools is at your discretion and risk.
8.2. The platform may offer integrations with other software or tools commonly used in the legal profession. We are not responsible for any issues arising from these third-party integrations.
8.3. Legal Partners acknowledge that the platform may offer various tools, features, or resources, some of which may be accessed or utilised by clients. Partners should familiarise themselves with these features to ensure effective communication and service delivery to clients.
9. Feedback, Reviews, and Ratings
9.1. The platform may allow clients to provide feedback or reviews about you. You acknowledge and agree that such feedback and reviews are the opinions of the respective clients and not of us. You acknowledge and accept that clients may be prompted or encouraged to provide feedback or reviews about their services. Such feedback is for the betterment of the platform and to ensure quality service delivery.
10. Disputes, Complaints, and Misconduct
10.1. In the event of a dispute between you and a client facilitated through the platform, we are under no obligation to intervene. However, we may, at our discretion, offer mediation or other dispute resolution services.
10.2. You have an obligation to report any misconduct or unethical behavior observed on the platform, whether by clients or other professionals.
11. Liabilities and Indemnities
11.1. We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from the use of the platform.
11.2. You agree to indemnify and hold harmless us, our officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the platform or your violation of these Terms.
12. Platform Availability and Support
12.1. While we aim for the platform to be available 24/7, there may be times when it is unavailable due to maintenance, updates, or unforeseen issues. We will strive to inform you of any planned outages in advance.
12.2. We will provide support for platform-related issues. However, this support does not extend to legal practice matters or specific client issues.
12.3. Technical Issues: Technical issues experienced with the platform must be reported to us immediately, accompanied by evidence of such issues. Technical issues with the platform do not exempt you from commission obligations for clients engaged during the period of said technical issues. Failure to promptly report and provide evidence of technical issues may result in the assumption that no such issues occurred.
13. Force Majeure
13.1. We shall not be liable for any failure to perform our obligations under these Terms if such failure results from circumstances beyond our reasonable control.
13.2. For the purposes of this agreement, ‘Force Majeure’ is strictly limited to natural disasters (such as floods, earthquakes, or fires), acts of war, terrorism, or government-sanctioned sanctions or embargoes that directly impact the operation of the platform. Events like economic downturns, market conditions, personal hardships, or other foreseeable events do not qualify as Force Majeure under this agreement.
14. General Provisions
14.1. These Terms shall be governed and construed in accordance with the laws of Australia, without regard to its conflict of law provisions.
14.2. We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect.
14.3. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
14.4. Both parties acknowledge and agree that by using the platform and entering into agreements electronically, such electronic agreements and signatures shall be deemed to be equivalent to written and signed agreements. Both parties hereby consent to be legally bound by such electronic agreements and signatures to the fullest extent permitted by law, including but not limited to the Electronic Transactions Act 1999 (Cth) and any corresponding state or territory legislation.
14.5. Ambiguities: In the event of any ambiguities in this agreement, both parties agree to interpret the agreement in a manner that upholds the intent of ensuring fair compensation for client referrals.
15. Contact and Communication
15.1. For any queries, clarifications, or feedback regarding these Terms or the platform, please contact us at support@lawtram.com.au.
15.2. You agree to receive platform-related notifications, which may include system updates, policy changes, promotional messages, and other relevant communications.
16. Entire Agreement and Severability
16.1. These Terms constitute the entire agreement between you and us regarding your use of the platform.
16.2. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
17. Termination
17.1. Either party may terminate this agreement by providing 30 days written notice. We reserve the right to terminate this agreement immediately, without notice, if you breach any terms of this agreement. Upon termination, you must cease all use of the platform. Notwithstanding termination, any commissions arising from clients acquired through the platform prior to termination remain payable by you on the same terms as set out in this agreement. We retain the right to seek updates on the progress of client matters and enforce payment of commissions even after termination. Provisions of this agreement that by their nature should survive termination shall survive termination, including, without limitation, financial obligations, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
17.2. Law Tram reserves the right to terminate any account, at its sole discretion, for any breach of the terms outlined in this agreement. This includes, but is not limited to, breaches related to professional conduct, financial obligations, and data security.
17.3. Termination of this agreement, for any reason, does not absolve the Legal Partner from any obligations, financial or otherwise, that arose prior to the date of termination. All such obligations remain in full force and effect and are enforceable as per the terms of this agreement.
Schedule 1: Commission Rates for Legal Sub-Practice Areas
| Practice Area | Sub-practice Areas | Commission Rate |
| Personal Injuries | Medical Negligence | 10% |
| (including all TPD,income protection &life insurance claims) | Motor Vehicle Accidents | 8% |
| Workplace Accidents | 6% | |
| Public Liability Claims | 5% | |
| Product Liability Claims | 7% | |
| Industrial Disease Cases | 9% | |
| Family Law | Property Settlements | 12% |
| Divorce Proceedings | 10% | |
| Child Custody Disputes | 7% | |
| Domestic / Family Violence Cases | 5% | |
| International / Interstate Child Abduction | 11% | |
| Adoption / Surrogacy Law | 6% | |
| Same-Sex Couples’ Rights | 8% | |
| Migration Law | Deportation Defense | 15% |
| Visa Applications | 10% | |
| Citizenship Applications | 8% | |
| Refugee and Asylum Claims | 6% | |
| Business and Investor Visas | 12% | |
| Student Visas | 7% | |
| Appeals and Reviews | 9% | |
| Conveyancing | Commercial Property Transactions | 7% |
| Residential Property Transactions | 6% | |
| Lease Agreements | 5% | |
| Land Use and Zoning | 4% | |
| New Home Construction Contracts | 6% | |
| Real Estate Litigation | 8% | |
| Wills and Estates | Contesting a Will / Family Provision Claims | 10% |
| Estate Planning | 8% | |
| Probate / Letters of Administration | 6% | |
| Trust Administration | 5% | |
| Trust Litigation | 9% | |
| Elder Law | 7% | |
| International Estate Planning | 8% | |
| Defamation Law | Media Publication Cases | 12% |
| Public Figure Defamation | 9% | |
| Online Defamation | 7% | |
| Libel and Slander Cases | 6% | |
| Corporate Defamation | 10% | |
| Internet Privacy | 8% | |
| Celebrity Defamation Cases | 11% | |
| Employment Law | All employment law | 8% |
| All matters not able to be categorised above | – | 8% |