These terms govern your access to and use of this website, operated by Southbank Legal Pty Ltd (Southbank Legal, we, us, our). By using the website, you agree to these terms and our privacy policy. If you do not agree, do not use the website.
These terms concern the website only. Legal services are governed by a separate engagement letter, costs disclosure and costs agreement. If there is an inconsistency concerning legal services, the engagement documents prevail.
1. General information, not legal advice
The website provides general information about Southbank Legal, our areas of work and selected legal topics. It is not legal advice, a complete statement of the law or a substitute for advice on your documents and circumstances.
Legal outcomes depend on facts, documents, evidence, jurisdiction, procedure and timing. Laws, regulations, court and tribunal practices, forms and regulatory guidance can change. An article may state the date on which it was prepared or reviewed; it should not be treated as current beyond that date without verification.
Do not act, delay action or refrain from acting in reliance on website content. Obtain advice about your circumstances, particularly where a limitation period, hearing, notice, contract, meeting or other deadline may apply.
2. No lawyer-client relationship
Viewing the website, downloading material, contacting us, submitting a form or receiving an initial response does not create a lawyer-client relationship and does not mean we have agreed to protect your interests or meet a deadline.
We act only after:
- we receive enough information to understand the proposed engagement;
- required conflict, identity and regulatory checks are completed;
- we agree that Southbank Legal will accept the engagement and confirm its scope; and
- the required engagement and costs documents are issued and accepted.
Unless and until those steps occur, you remain responsible for protecting your position and obtaining any urgent assistance required.
3. Conflict checks, confidentiality and privilege
Keep an initial enquiry short and non-confidential. Identify the parties, your role, the general nature of the matter and any deadline, but do not send confidential documents, identity documents, privileged material, sensitive personal information or a detailed evidentiary account before we invite you to do so.
We take care with information received from prospective clients, but you must not assume that an unsolicited communication:
- is protected by legal professional privilege;
- creates a duty to act or advise;
- prevents us from acting for another person; or
- has been received in time for a deadline.
If we accept an engagement, confidentiality and privilege are governed by applicable law, our professional obligations and the engagement documents.
4. Identity and AML/CTF requirements
Depending on the service, we may be required to obtain and verify information about identity, authority, beneficial ownership, politically exposed persons, sanctions, source of funds, source of wealth, the purpose of a transaction and related matters.
We may pause, limit or decline work if required checks cannot be completed or if continuing would be inconsistent with law, our professional obligations or our risk controls. The law may also restrict what we can tell a person about certain reporting, information requests or decisions.
5. Accuracy, availability and website changes
We aim to make website content clear and useful, but do not guarantee that it is complete, current, accurate, suitable for a particular purpose or free from error. We may correct, update, remove or reorganise content and may suspend or discontinue any part of the website without notice.
We do not guarantee uninterrupted access, that defects will be corrected immediately or that the website or its server will be free of harmful code. You are responsible for using appropriate security protections and backups.
6. Contact forms, email and urgent matters
Website forms and email are not guaranteed delivery channels. Do not rely on them for urgent or time-critical matters. If you send an enquiry, you are responsible for providing accurate contact details and monitoring for a response.
Internet communications can be delayed, intercepted, corrupted or sent to the wrong address. Take particular care with payment instructions. We will not notify you of a change to our bank details only by email. Independently verify any new or changed payment instruction using a trusted telephone number before transferring funds.
7. Acceptable use
You must not use the website to:
- break the law, infringe another person's rights or send unlawful, misleading, defamatory, threatening or harmful material;
- upload malicious code, probe security, interfere with operation or attempt unauthorised access;
- impersonate another person, conceal the source of a communication or provide information you know is materially false;
- harvest information, send unsolicited communications or impose an unreasonable load on the website; or
- use automated systems to reproduce or commercially exploit website content except as permitted by law or with our written consent.
We may block access, reject a submission or preserve and disclose relevant information where reasonably necessary to secure the website, investigate misuse or comply with law.
8. Intellectual property
Unless otherwise stated, Southbank Legal owns or licenses the website content, text, articles, layout, design, branding, skyline artwork and other materials. Trade marks and material belonging to third parties remain the property of their owners.
You may view, download or print a reasonable portion of the website for personal, non-commercial reference. You must keep any attribution or legal notice intact. You must not otherwise reproduce, adapt, republish, distribute, frame, scrape, sell or commercially exploit website material without written permission or another lawful basis.
9. Third-party websites and resources
Links to legislation, courts, tribunals, regulators, service providers and other websites are provided for convenience and context. A link does not amount to endorsement. We do not control and are not responsible for third-party availability, content, accuracy, security, accessibility or privacy practices.
10. Privacy
Our privacy policy explains how we handle personal information obtained through the website, enquiries, legal services and our business. By submitting information, you acknowledge that it will be handled as described in that policy.
11. Disclaimers and liability
To the extent permitted by law, the website is provided on an “as available” basis and we exclude warranties, representations and guarantees concerning the website that are not expressly stated in these terms.
To the extent permitted by law, Southbank Legal is not liable for loss arising from:
- acting or failing to act in reliance on general website content;
- delay, interruption, transmission error or inability to access the website;
- malicious code, unauthorised access or another event beyond our reasonable control;
- use of, or reliance on, a third-party website or resource; or
- information submitted to us before an engagement is accepted.
Nothing in these terms excludes, restricts or modifies a right, guarantee, remedy or liability that cannot lawfully be excluded, including under the Australian Consumer Law. Liability arising from legal services is governed by applicable law and the relevant engagement documents, not these website terms.
12. Changes to these terms
We may update these terms when the website, our practice or legal requirements change. The effective date above identifies the current version. Continued use after an update constitutes acceptance of the revised terms.
13. Governing law
These terms are governed by the laws of Victoria, Australia. You submit to the non-exclusive jurisdiction of courts and tribunals with jurisdiction in Victoria. If part of these terms is invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the remaining terms.
14. Contact
Questions about these terms can be sent to contact@southbanklegal.com.au.