PRE-PAID LEGAL SERVICES PTY LTD ( PPL ) MOTORING LEGAL PLAN MEMBERSHIP CONTRACT

Transcription

1 PRE-PAID LEGAL SERVICES PTY LTD ( PPL ) MOTORING LEGAL PLAN MEMBERSHIP CONTRACT INDEX MOTORING LEGAL PLAN MEMBERSHIP CONTRACT... 1 TERMS AND CONDITIONS SECTION 1: MOTOR VEHICLE/PLEASURE CRAFT LEGAL SERVICES... 2 SECTION 2: PREVENTATIVE LEGAL SERVICES... 5 SECTION 3: LAND LAW... 3 SECTION 4: BANKING AND FINANCE LEGAL SERVICES... 4 SECTION 5: FAMILY/DE FACTO LAW... 7 SECTION 6: EMPLOYMENT AND WORKPLACE RELATIONS... 9 SECTION 7: MEDICAL/DENTAL/HEALTH PROFESSIONAL NEGLIGENCE... 9 SECTION 8: COURT PROCEEDINGS SECTION 9: INCOME TAXATION LEGAL SERVICES SECTION 10: LEGAL SHIELD SECTION 11: OTHER LEGAL SERVICES GENERAL PROVISIONS TERMS AND CONDITIONS In consideration of payment of the membership fee and abiding by the terms and conditions of this Contract and any attached endorsements, you will receive the benefits contained herein. Such benefits will be provided by solicitors designated by PPL who are duly licensed practicing solicitors (referred to as the Legal Service Provider). This Contract provides for legal matters within the state or territory of the named member s principal place of residence, providing it is the state or territory in which this Contract was purchased and a state or territory in which PPL provides benefits under this Contract. In the event that a member s legal matter cannot be dealt with by the Legal Service Provider for any reason other than the matter being frivolous or without merit, PPL will endeavour to secure the services of a solicitor licensed to practice law in the state or territory of enrolment (Referral Legal Service Provider), whereby the member will receive needed services which will be rendered pursuant to the terms of this Contract. Members referred to a Referral Legal Service Provider will only receive legal services under Section II of Other Legal Services of this Contract. Should the member move to another state or territory, PPL may, at its option, transfer the member s Contract to where a Legal Service Provider network has been established or exists in that state or territory. Benefits under this Contract are available only through Legal Service Providers that comprise a closed panel of providers designated by PPL and are only available in those states or territories in which PPL currently operates, and has in place, Contracted legal providers. Such providers enter into a written agreement before services can be rendered to a primary member. P re - P a i Pre-Paid d L e g a l P ty Legal L t d 2 Services 007 Pty Ltd 2010 P a g e 1 o Page f 18 1 of 17 E m p l o y Motoring e e - C o n t r a Legal c t o r P Plan n M Membership e m b e r s h C o Contract n t r a c t

2 If, in the opinion of the Legal Service Provider representation would be unethical, improper, or inadequate under the circumstances, the primary member may be provided alternate legal representation at PPL s discretion. This would be through a Referral Legal Service Provider where the circumstance allows. Such legal representation is subject to an agreement being in place with PPL before services can be rendered to a primary member. If the named member seeks legal services from a firm other than a firm approved by PPL, the provisions of this Contract do not provide for such services. Once a primary member has been determined to be entitled to benefits under a section listed in the Contract, the primary member shall communicate only with the specific solicitor or solicitors nominated by PPL to provide those benefits, rather than utilising entitlements under another section in the Contract. This limitation is provided to facilitate the most effective representation of the primary member. This Plan is an initial twenty four (24) month Contract and will, unless otherwise advised by the named member in writing, prior to each renewal date automatically continue to renew on a twelve (12) monthly basis at the end of each Contract period. Termination prior to the expiry of the initial twenty four (24) month period or any renewal period thereafter may incur penalties. Refer to clause V of the General Provisions of this Contract. PPL reserves the right at all times to make any changes to this plan Contract and/or pricing structure without notice to the member. In the event of a member defaulting in payment of membership fees, PPL reserves the right to charge a payment processing fee for each month of default and to take recovery action. SECTION 1: MOTOR VEHICLE/PLEASURE CRAFT LEGAL SERVICES If the member, while driving any licensed motor vehicle, motor bike or pleasure craft, with the express consent and permission of the owner of the said vehicle or craft, shall have a collision or be charged with a motor vehicle, motor bike, pleasure craft or parking related offence, the member will be entitled to the following services from the Legal Service Provider: A. Defence of the member on any criminal charge, traffic, parking, or boating related offence rising from the permitted use of a motor vehicle, motor bike or pleasure craft during the membership year. Coverage includes pre-hearing preparation time, and actual court time, per matter, and will be provided at a Preferred Member Discount rate of 25% off the Legal Service Provider s standard hourly rate for the given service. B. Advice, consultation, document preparation and representation for all drivers licence assistance (extraordinary and special drivers licence applications) will be at a Preferred Member Discount rate of 25% off the Legal Service Provider s standard hourly rate for this service, including; 1. When the member(s) has been denied a driver s licence or a driver s licence has been cancelled, suspended or revoked. 2. When legal assistance is needed to reinstate or maintain a driver s licence because of work related matters, or to obtain an extraordinary licence because of work related matters. 3. When legal assistance is needed to reinstate or maintain a driver s licence because of medical reasons or dependency of others on the member, or to obtain an extraordinary licence because of those same reasons. C. The Legal Service Provider will provide the member(s) with advice, consultation and representation, including preparation of court documents and appearances at court on the member s behalf, for any motor vehicle, motor bike or pleasure craft related personal injury and property damage claims made by the member as Plaintiff as a result of the member(s) driving, riding in or on, or being struck by any motor vehicle, motor bike or pleasure craft at a Preferred Member Discount rate of 25% off the Legal Service Provider s standard hourly rate for the given service. P re - P a i Pre-Paid d L e g a l P ty Legal L t d 2 Services 007 Pty Ltd 2010 P a g e 2 o Page f 18 2 of 17 E m p l o y Motoring e e - C o n t r a Legal c t o r P Plan n M Membership e m b e r s h C o Contract n t r a c t

3 Limits & Exclusions: 1. Representation is provided subject to the operation of a properly licensed motor vehicle, motor bike or pleasure boat and the possession of a valid driver s licence in respect to drivers licence matters and criminal, traffic or parking offences or the Recreational Skippers Ticket in respect to all boating matters Each member is responsible for any court costs, fines, penalties, costs ordered to be paid by the court to any party, security for costs orders and related fees, including stamp duty, rates, taxes, GST, medical costs including professional opinions and all out of pocket expenses. Pre-existing charges or causes of action are excluded and are provided for under Section II Other Legal Services of this Contract. Commercial vehicles registered for business use of one (1) tonne or more are not provided for under this Contract. Pleasure craft registered or used for commercial purposes are not provided for under this Contract. Any representation that includes extraordinary or special license applications for medical reasons under this benefit will be provided according to its merits at the sole discretion of the Legal Service Provider. Any claim or defence which in the opinion of the Legal Service Provider appears frivolous, groundless or will not prevail in court. The Legal Service Provider shall be entitled to all party to party costs awarded by any court and any legal costs allowed in a negotiated settlement. For the purposes of negotiating a legal costs allowance, the Legal Service Provider shall be entitled to calculate costs on the basis of its standard hourly rate. 9. Appeals against judgement will be undertaken by the Legal Service Provider under Section II Other Legal Services of this Contract. 10. All indictable motor vehicle, motorbike or pleasure craft criminal matters will be dealt with under Section 8 Court Proceedings of this Contract. 11. Any personal injury or damage to property claims in respect of which the member is named as defendant shall be dealt with under Section 8 Court Proceedings of this Contract. The Motor Vehicle/Pleasure Craft Legal Services section is a part of and is subject to all General Provisions of this Contract. SECTION 2: PREVENTATIVE LEGAL SERVICES This section does not apply to subject matter provided for by other sections of this Contract. Legal Consultation Services The member may receive telephone or personal consultation and advice, during normal business hours, concerning any legal matter, be it personal and/or business, to the extent the Legal Service Provider deems it necessary to adequately advise the member on the legal matter. This covers the initial consultation and advice required to advise the member of their legal position, as the Legal Service Provider considers reasonable. If, at the Legal Service Provider s sole discretion, the legal matter cannot be adequately addressed during the course of a telephone consultation, the Legal Service Provider will provide legal consultation and advice in person for up to one (1) hour. Benefits under this section are limited to one (1) hour per matter of legal consultation and advice concerning the matter. Additional consultation and advice on the same matter will be provided at a Preferred Member Discount rate of 25% off the Legal Service Providers standard hourly rate for the given legal service. Pre-Paid P - P a i d Legal L e g a l Services P ty L t d 20 Pty 07 Ltd 2010 Page P a g e 33 of o f Employee-Contractor E m p l o y e e - C o n t r a c t o r Plan P n M Membership e m b e r s h C o Contract n t r a c t

4 Legal Correspondence Services The Legal Service Provider will provide the member with letters and phone calls on any legal matter on behalf of that member including to a third party at a Preferred Member Discount rate of 25% off the Legal Service Provider s standard hourly rate for the given legal service. Contract/Document Review and Preparation The primary member may have reviewed by the Legal Service Provider any legal Contract or Document - (existing or new) in which the primary member is a contracting party, in respect of which the primary member has a private or personal (that is, not relating to a business) interest. Additionally, the primary member may have reviewed any business legal Contract or Document, in which the primary member is a contracting party. The primary member shall contact PPL directly to be advised which Legal Service Provider to contact for their matter and a reference number provided. The primary member shall then forward a copy of the legal Document or Contract to be reviewed (retaining the original) together with their telephone number, to the appropriate Legal Service Provider. The Legal Service Provider will review the legal Document or Contract and thereafter advise the member by telephone or in writing where necessary. Review of all Contracts or Documents, personal or business will be provided at a Preferred Member Discount rate of 25% off the Legal Service Provider s standard hourly rate for the given legal service. The Legal Service Provider will also prepare Contracts or Documents, in respect of which the member has a private or personal interest, on behalf of the member where the member is a contracting party. Preparation of all Contracts or Documents will be charged at the Preferred Member Discount rate of 25% off the Legal Service Provider s standard hourly rate for the given service. Limits and Exclusions: 1. All documents or Contracts to be reviewed or prepared require at least five (5) working days for completion. 2. In the event the member requires a Document or Contract reviewed or prepared as a matter of urgency, the document/contract may be charged for under Section 11, Other Legal Services of this contract. 3. The Legal Service Provider shall be entitled to any costs associated with the preparation of any Contract or Document where the member is not the contributing party. Wills The primary member is entitled to have a simple Will researched, drafted and prepared including powers of attorney where required by FTL Estate Services. A simple Will means a Will that provides for the member and disposes of all property and includes sufficient testamentary powers for the legal personal representative to arrange for transfer of any assets the member may own or have interest in, in accordance with the Will. Application for grant of probate and administration applications will be facilitated by FTL Services at a Preferred Member Discount rate of 25% off the Legal Service Provider s standard hourly rate for the given service. In relation to Wills, your PPL plan member kit contains an easy to understand Will questionnaire. Simply complete the questionnaire and forward to PPL and a PPL customer representative will ensure the questionnaire is complete and will forward the questionnaire to FTL Estate Services for preparation of your Will. If FTL Estate Services has any questions they will contact you directly to discuss their concerns. Once you have received your Will you need to have it signed and witnessed and placed in a safe place. Ensure that your executor knows where to find your Will and other important documents in the event of your death. FTL Estate Services can provide safe custody of your Will if you so desire as a membership service. P re - P a i Pre-Paid d L e g a l P ty Legal L t d 2 Services 007 Pty Ltd 2010 P a g e 4 o Page f 18 4 of 17 E m p l o y Motoring e e - C o n t r a Legal c t o r P Plan n M Membership e m b e r s h C o Contract n t r a c t

5 Additional support services for members by FTL Estate Services include: Estate Planning and Support Services. Discretionary Family Trust Deeds Testamentary Trusts Appointment of impartial professional executors to estates Business Succession Planning and Deeds Personal Trust and Trustee Services Special Disability Trust Aftercare Support Service. Executor Assist Assistance to Attorneys and Guardians (income collection, bill paying etc) These additional services will be provided under Section II Other Legal Services of this Contract. Merits of Case Dependent upon the member s circumstances and the merits of your legal matter, payment of any fees due and payable to the Legal Service Provider may only be deferred or alternate payment arrangements made at the sole discretion of the Legal Service Provider. Once it has been determined that a member is entitled to benefits under a section listed in the Contract, the primary member shall communicate only with the specific solicitor or solicitors nominated by PPL to handle those benefits. The entitlements under a section of the Contract cannot be utilised with any other Legal Service Provider unless approved by PPL. This limitation is provided to facilitate the most effective representation of the member. The Preventative Legal Services Section is a part of and is subject to all General Provisions of this Contract. A. SECTION 3: LAND LAW The member is entitled during each membership year to have the Legal Service Provider review Contracts and prepare property settlement statements and other settlement documentation as well as attend property settlement, relating to one purchase of land or property and relating to one sale of land or property, for the member s own residence, for which the member is either owner or part owner. In the case of part ownership, part owners who are not covered by a membership plan will be charged their portion of fees at the Settlement Agent s Scale of fees for this service. The Legal Service Provider s fees (ie their time) on the sale or purchase of land or property will be at the rate of 50% off the Settlement Agent s scale of fees for this service. B. Additional land/property transactions, advice and settlement services under this benefit are available from the Legal Service Provider at a Preferred Member Discount of 25% off the Settlement Agent s scale of fees for this service. Limits & Exclusions: 1. Where the member has entered into a contract for the sale or purchase of land or property prior to joining, then part (A) of Section 2 Land Law of this Contract will be subject to a waiting period. This waiting period will be waived, only when the member pays the Contract term in full upon signing, or completes an irrevocable payment authority for the balance of any contract term membership fees to be paid at settlement, or where membership fees are being salary sacrificed. P re - P a i Pre-Paid d L e g a l P ty Legal L t d 2 Services 007 Pty Ltd 2010 P a g e 5 o Page f 18 5 of E 17 m p l o y Motoring e e - C o n t r a Legal c t o r P Plan n M Membership e m b e r s h C o Contract n t r a c t

6 2. 3. Under current State Revenue Guidelines, where you are purchasing land for the purpose of being for your own home, unless you have an existing building Contract in place or building has already commenced at the time of stamping the Contract for purchase or prior to the rate of stamp duty being assessed, then the purchase will be considered not to be for your own home. In this instance, the purchase of land will fall into part (B) of Section 2 Land Law of this Contract. No waiting period applies under part (B) of Section 2 Land Law of this Contract where the member is entering into additional land, property transactions. 4. In order for the benefit to apply, the Contract for sale or purchase of land or property must be forwarded to PPL no later than seven (7) working days after signing, in order to allow sufficient time to appoint and notify the relevant Legal Provider or settlement agent of your Contract arrangements. 5. Notwithstanding any other provisions of these Clauses (A) and (B) of Section 2 Land Law of this Contract the member shall be obliged to pay to the settlement agent/solicitor any disbursements incurred by the settlement agent/solicitor in respect to the process of settlement. For example, Title Searches, Title Registration Fees, Stamp Duty, postage and any other out of pocket expenses. The Land Law Section is a part of and is subject to all General Provisions of this Contract. A. SECTION 4: BANKING AND FINANCE LEGAL SERVICES The member may have interpreted and reviewed by the Legal Service Provider any personal mortgages, bills of sale, charges or other personal security documents in which the member is a contracting party. The member shall forward a copy of the mortgage or document to be reviewed (retaining the original), together with his/her telephone number to the Legal Service Provider. The Legal Service Provider will review the mortgage or document and thereafter advise the member by telephone or in writing where necessary. These services will be provided at a Preferred Member Discount rate of 25% off the Legal Service Provider s standard hourly rate for the given service. B. The member, during normal business hours, may receive telephone or personal consultations and correspondence, concerning any legal matter relating to loan recovery, mortgagee sales, foreclosures and enforcement of securities, including mortgages, bills of sale, charges and other debt securities of which the member is contracted as the borrower or provider of security at a Preferred Member Discount rate of 25% off the Legal Service Provider s standard hourly rate for the given service. If a letter to a third party is required as the best legal recourse for you, the Legal Service Provider will mail a copy of any letter to you or alternatively, if a phone call is made the Legal Service Provider will communicate the results to you over the phone. The appropriate course of action is at the discretion of the Legal Service Provider. C. The Legal Service Provider will also draft and prepare mortgages, bills of sale, charges and other debt securities on behalf of the member as lender or recipient of security. In this circumstance, the Legal Service Provider will be entitled to charge for such work at its normal rate for that work, on the basis that the borrower of the security is not the member and the borrower will be liable to pay the member s costs of preparation of the security document. If for any reason the borrower of the security is not required to, or does not pay for the preparation of the security document the Legal Service Provider shall charge the member for the preparation of the security document at a Preferred Member Discount rate of 25% off the Legal Services Providers standard hourly rate for the given service. D. The Legal Service Provider will act in the enforcement of mortgages, bills of sale, charges and other debt securities on behalf of the member in which the member is a contracting party. These services will be at a Preferred Member Discount of 25% off that Referral Legal Service Provider s standard hourly rate for the given service. Pre-Paid Legal Services Pty Ltd 2010 Page 6 of 17 Motoring Legal Plan Membership Contract

7 Limits & Exclusions: 1. The Legal Service Provider may provide solicitors certificates in respect to guarantor arrangements, but will do so under Section II Other Legal Services of this contract. Please contact PPL directly in this instance. 2. Each member is responsible for any court costs, fines, penalties, costs ordered to be paid by the court to any party, security for costs orders, and related fees, including stamp duty, rates, taxes, GST and all out of pocket expenses. 3. Advice, consultation and correspondence under this section will be provided at a Preferred Member Discount of 25% off that Referral Legal Service Provider s standard hourly rate for the given service. 4. The Legal Service Provider shall be entitled to all party to party costs awarded by any court and any legal costs allowed in a negotiated settlement. For the purposes of negotiating a legal costs allowance, the Legal Service Provider shall be entitled to calculate costs on the basis of its standard hourly rate The Legal Service Provider shall be entitled to any costs associated with the preparation of any contract or document where the member is not the contributing party. The enforcement of mortgages, bills of sale and other debt securities on behalf of the member in which the member is a contracting party. These services will be provided at a Preferred Member Discount of 25% off that Referral Legal Service Provider s standard hourly rate for the given service. The Banking and Finance Legal Services Section is a part of and is subject to all General Provisions of this Contract. A(1) SECTION 5: FAMILY/DE FACTO LAW Subject to A(2) the primary member may receive at the sole discretion of the Legal Service Provider, telephone or personal consultations and advice, during normal business hours, concerning any Family Law or de-facto relationship matter. Provision includes review, consultation, letters to third parties on any Family Law or de-facto relationship law matters, in accordance with Section 1 Preventative Legal Services of this Contract. A(2) This does not include work carried out after the member is named as respondent, defendant, or other party in proceedings, or once the member advises the Legal Service Provider that they wish to commence or intervene in proceedings, whichever the earlier. Any work to be carried out in this instance will be at a Preferred Member Discount rate of 25% off the Legal Service Providers standard hourly rate for the given service. B. The Legal Service Provider will provide a primary member with assistance to obtain a divorce, including advice, consultation, correspondence, preparation of dissolution of marriage papers and representation at any hearing relating to the application for divorce. Such representation will be available at a Preferred Member Discount rate of 25% off the Legal Service Provider s standard hourly rate for the given service. C. The primary member may have prepared by the Legal Service Provider, cohabitation agreements, pre-nuptial and binding financial agreements at a Preferred Member Discount rate of 25% off the Legal Service Provider s standard hourly rate for the given service. P re - P a i Pre-Paid d L e g a l P ty Legal L t d 2 Services Pty Ltd 2010 P a g e 67 o Page f of E 17 m p l o y Motoring e e - C o n t r a Legal c t o r P Plan n M Membership e m b e r s h C o Contract n t r a c t

8 D. Any representation of the primary member from the time the primary member advises the Legal Service Provider that the primary member wishes to commence or intervene in any proceedings concerning any family law matter (other than an application for divorce) or de facto relationship law matter, or from the time the primary member is named as respondent, defendant or other party in any proceedings in any family law matter (other than an application for divorce) or de facto relationship law matter, whichever the earlier, shall be carried out at a Preferred Member Discount rate of 25% off the Legal Service Provider s standard hourly rate for the given service. Any such representation includes telephone or personal consultations during normal business hours, letters to the primary member and third parties, preparation of Court documents and representation of the primary member at all hearings and conferences. E. The Legal Service Provider will provide the primary member with advice and consultation as well as draft and prepare applications in respect to the adoption of a child or children on behalf of the primary member at a Preferred Member Discount rate of 25% off the Legal Service Provider s standard hourly rate for the given service. Limits & Exclusions: 1. Representation that, in the opinion of the Legal Service Provider, appears to be frivolous or groundless. 2. The provision of this benefit applies only to the primary member only. 3. Each member is responsible for any Court costs, fines, costs ordered to be paid by the court to any party, penalties and related fees, including stamp duty, rates, taxes, GST and all out of pocket expenses. 4. If a primary member (whether married or living in a de facto relationship) separates from his or her spouse or partner prior to enrolling as a member, then a waiting period of six (6) months, calculated from the date the primary member became a member, will apply before benefits are available under this section of the Contract. This waiting period may be waived only where the member makes six (6) additional monthly payments in advance upon joining on top of their normal monthly fee. Any causes of action arising during this waiting period will be provided for under Section II Other Legal Services of this Contract. 5. The Legal Service Provider shall be entitled to all party to party costs awarded by any Court, and any legal costs allowed in a negotiated settlement. For the purposes of negotiating a legal costs allowance, the Legal Service Provider shall be entitled to calculate costs on the basis of its standard hourly rate. Once costs are paid or an allowance is negotiated and received, the member s entitlement under this section shall be reinstated to the extent of the costs recovered. The Family/De Facto Law Section is a part of and is subject to all General Provisions of this Contract. A. SECTION 6: EMPLOYMENT AND WORKPLACE RELATIONS The member may have advice and consultation on as well as reviewed by the Legal Service Provider any Workplace Agreements or Contracts of Employment in which the member is a contracting party. The member shall forward a copy of the agreement or contract to be reviewed (retaining the original), together with his/her telephone number to the Legal Service Provider. The Legal Service Provider will review the contract and thereafter advise the member by telephone or in writing where necessary. P re - P a i Pre-Paid d L e g a l P ty Legal L t d 2 Services 007 Pty Ltd 2010 P a g e 8 o Page f 18 8 of E 17 m p l o y Motoring e e - C o n t r a Legal c t o r P Plan n M Membership e m b e r s h C o Contract n t r a c t

9 B. The Legal Service Provider will provide a member with assistance relating to any claim for unfair dismissal, unpaid contractual entitlements, harassment or discrimination, and workers compensation, including advice, representation and preparation and filing of claim documents. Once an application is lodged, complaint is made, dispute is lodged or proceedings commenced, whether by the member in whichever forum the Legal Service Provider considers appropriate, or by the other party to the matter, then the matter shall not be provided by this section of the Contract and shall be provided under Section 8 Court Proceedings of this Contract. Limits & Exclusions: 1. Pre-existing claims or causes of action are excluded and are provided under Section II Other Legal Services of this Contract. 2. If this membership is taken out under an Employee Benefit scheme where the employer is paying the membership subscription on behalf of the employee, then the benefits under this section are not available to the member in the event that the member wishes to take any action against the employer. 3. Services under this section of the Contract will be provided under Section 1 Preventative Legal Services of this Contract in respect of legal consultation, legal correspondence, document review and preparation and Section 8 Court Proceedings of this Contract in respect of recovery or defence action. The Employment and Workplace Relations Section is a part of and is subject to all General Provisions of this Contract. A. SECTION 7: MEDICAL/DENTAL/HEALTH PROFESSIONAL NEGLIGENCE The member may have reviewed and investigated by the Legal Service Provider any cause of action against a medical/dental/health professional or a hospital for a negligent medical/dental/health procedure where the member is an aggrieved party. The member shall forward a copy of any relevant documentation to be reviewed (retaining the original), together with his/her telephone number to the Legal Service Provider. The Legal Service Provider will review and investigate the matter and thereafter advise the member by telephone or in writing where necessary of their legal position on a preliminary basis. Advice, consultation and correspondence to the member on the matter or to third parties on the member s behalf by the Legal Service Provider will be provided under Section 1 Preventative Legal Services of this Contract. This provides initial advice and consultation as determined necessary by the Legal Service Provider to advise the member on their legal position on a general basis. The member will receive legal services from the Legal Service Provider for civil proceedings pursuant to a cause of action against a medical/dental/health professional or hospital in relation to a negligent medical/dental/health procedure or action on the member at a Preferred Member Discount rate of 25% off the Legal Service Provider s standard hourly rate for the given service. This provides for proceedings, actions and claims, whether or not proceedings have been commenced or claims initiated, in which the member is named as plaintiff, applicant or claimant. B. The member will receive legal services rendered in pursuit of a provided lawsuit prior to actual trial, such as conferences with associated parties and their solicitors or agents, telephone conversations or other efforts to settle cases, pre-trial conferences, settlement conferences prior to trial, court appearances, interrogatories, depositions, briefs and pleadings at a Preferred Member Discount rate of 25% off the Legal Service Provider s standard hourly rate for the given service. C. Where the member is knowingly aware of, but has not acted on, a Medical/Dental/Health related negligence issue prior to becoming a PPL member then all pre-existing causes of action are provided under Section 11 Other Legal Services section of this Contract. P re - P a i Pre-Paid d L e g a l P ty Legal L t d 2 Services 007 Pty Ltd 2010 P a g e 9 o Page f 18 9 of E 17 m p l o y Motoring e e - C o n t r a Legal c t o r P Plan n M Membership e m b e r s h C o Contract n t r a c t

10 Limits & Exclusions: 1. Medical/Dental/Health Professional Negligence provisions provide for the named member only. 2. The Legal Service Provider shall be entitled to all party to party costs awarded in the event of a judgment being entered, and any legal costs allowed in a negotiated settlement. For the purposes of negotiating a legal costs allowance, the Legal Service Provider shall be entitled to calculate costs on the basis of its standard hourly rate. Once costs are paid or an allowance is negotiated and received, the member s entitlement under this section shall be reinstated to the extent of the costs recovered. 3. Appeals against judgement will be undertaken by the Legal Service Provider under Section 11 Other Legal Services section of this Contract. 4. Class actions or interventions or amicus curiae filings or class actions filed in which the member is a party or potential party are excluded. 5. Each member is responsible for any court costs, fines, penalties, costs ordered to be paid by the court to any party and related fees, including stamp duty, rates, taxes, GST and all out of pocket expenses, which include medical reports. 6. Any claim or legal position which, in the opinion of the Legal Service Provider, appears to be frivolous, groundless or will not prevail in court. 7. Pre-existing causes of action shall be determined by reference to the date of diagnosis of a medical condition, complaint or ailment arising from or linked to the medical procedure. If the diagnosis occurs before the member has taken out membership, the matter will be considered pre-existing. 8. In the event that the member is ordered by the court to pay security for costs, or make payment of a sum into court, or provide an undertaking to the court, and fails to do so in the time required by the Court, the Legal Service Provider shall be at liberty to cease acting for the member in respect of that matter, and the member shall sign any notice required to advise the court that they act in person, should the Legal Service Provider so require it. In the event that the Legal Service Provider is required to make application to the Court to cease acting, the member shall be liable to the Legal Service Provider for the costs of such an application. The Medical/Dental/Health Professional Negligence section is a part of and is subject to all General Provisions of this Contract. A. SECTION 8: COURT PROCEEDINGS If the named member is named as defendant or plaintiff in a civil or criminal action, filed in a state or federal court, the Legal Service Provider will provide benefits according to the following: Correspondence to the member on any matter or to third parties on the member s behalf by the Legal Service Provider in respect of initial advice or consultation in respect of the legal position of the member is provided under Section 1 Preventative Legal Services of this Contract. B. The membership will include actual trial representation and all legal services rendered in defence/pursuit of the provided for lawsuit prior to actual trial, such as conferences with associated parties and their solicitors or agents, telephone conversations or other efforts to settle cases, pretrial conferences, settlement conferences prior to trial, court appearances, interrogatories, depositions, briefs and pleadings. All services under this section of the contract will be provided at a Preferred Member Discount rate of 25% off the Legal Service Provider s standard hourly rate for the given service. All pre-existing causes of action will be provided under Section 11 Other Legal Services of this Contract. P re - P a i Pre-Paid d L e g a l P ty Legal L t d 2 Services 007 Pty Ltd 2010 P a g e 10 Page o f of E 17 m p l o y e Motoring e - C o n t r a c Legal t o r P la Plan n M e Membership m b e r s h C o n Contract t r a c t

11 Limits & Exclusions: 1. Court Proceedings benefits provide for the primary member only. 2. This benefit does not provide for any criminal or civil matter that arises as a result of the ownership, management or association with a business, partnership or corporation. 3. This benefit does not provide for assistance in matters relating to dissolution of marriage, separation, annulment, child custody or other divorce or domestic related matters or any other matters for which benefits are provided under Section 5 Family/De Facto Law of this Contract. 4. Class actions or interventions or amicus curiae filings or class actions filed in which the member is a party or potential party are excluded. 5. Pre-existing causes of action are excluded under this section. Pre-existing causes of action are defined as those acts which give rise to a legal action or lawsuit which are alleged to have occurred prior to the member s enrolment, irrespective of whether or not the lawsuit was not filed until after such date. Pre-existing causes of action are provided under Section 11 Other Legal Services of this Contract. 6. Any matter in respect of which the member is entitled to receive costs from another party on an indemnity basis shall be carried out by the Legal Service Provider at their ordinary rate. In the event that there shall be no or only partial recovery or allowance for costs, the benefits provided under this section shall then be applied by the Legal Service Provider to that portion which is not recovered. 7. Any claim, defence, or legal position that, in the opinion of the Legal Service Provider, will not prevail in court is excluded from this section. 8. Any claim, defence, or legal position that, in the opinion of the Legal Service Provider, appears to be frivolous or groundless is excluded from this section. 9. Any civil or criminal charge against the member while driving a commercial vehicle registered for business use or commercially registered vessel will be excluded under this Contract. 10. This benefit does not provide for garnishment, attachment or any other post judgement relief action. The Legal Service Provider will provide services in accordance with the Contract up to the point of final judgement by court of record. Appeals against judgement will be undertaken by the Legal Service Provider under Section 11 Other Legal Services of this Contract. 11. The Legal Service Provider must be given a minimum of ten (10) days notice prior to court representation. 12. Each member is responsible for any court costs, fines, penalties costs ordered to be paid by the court to any party, security for costs and related fees, including stamp duty, rates, taxes, GST and all out of pocket expenses. 13. (A) The Legal Service Provider shall be entitled to deduct from any settlement sum, judgment sum or any other award obtained by the Legal Service Provider on behalf of the client the Legal Service Providers' costs on a solicitor client basis at the Legal Service Provider's standard hourly rate; (B) (C) In the event that a matter proceeds to trial after receiving advice from the Legal Service Provider to settle the claim and the client is unsuccessful in obtaining a greater amount than that recommended for settlement by the Legal Service Provider, the Legal Service Provider shall be entitled to the Legal Service Providers cost on a solicitor client basis at the Preferred Member Discount rate; Once the Legal Service Provider has been paid pursuant to sub-clause (A) or (B) hereof then the client's entitlement shall be reinstated to the extent of the legal costs paid. P re - P a i Pre-Paid d L e g a l P ty Legal L t d 2 Services 007 Pty Ltd 2010 P a g e 11 Page o f of E 17 m p l o y e Motoring e - C o n t r a c Legal t o r P la Plan n M e Membership m b e r s h C o n Contract t r a c t

12 14. Appeals against judgement will be undertaken by the Legal Service under Section II, Other Legal Services of this contract. 15. Advice, consultation and correspondence not provided for under this section will be provided under Section 1 Preventative Legal Services of this Contract. 16. In the event that the member is ordered by the court to pay security for costs, or make payment of a sum into court, or provide an undertaking to the court, and fails to do so in the time required by the Court, the Legal Service Provider shall be at liberty to cease acting for the member in respect of that matter, and the member shall sign any notice required to advise the court that they act in person, should the Legal Service Provider so require it. In the event that the Legal Service Provider is required to make application to the Court to cease acting, the member shall be liable to the Legal Service Provider for the costs of such an application. 17. If the Legal Service Provider is required to make application to the Court to cease acting; the member shall be liable to the Legal Service Provider for the costs of such an application. The Court Proceedings Section is a part of and is subject to all General Provisions of this Contract. A. B. SECTION 9: INCOME TAXATION LEGAL SERVICES The member will receive legal services from the Legal Service Provider when he/she is notified in writing by the Australian Taxation Office of an audit of his/her income tax return or when he/she is requested, in writing, to appear at the offices of the Australian Taxation Office concerning his/her income tax return. Services will be provided at a Preferred Member Discount rate of 25% off the Legal Service Providers standard hourly rate for the given service. Provision begins with the return due on the 30th of June of the year this Contract is effective. C. Benefits to be provided as follows: 1. Professional services from the Legal Service Provider for consultation, advice and/or assistance, upon receipt of written notice from the Australian Taxation Office that the member s income tax return is being audited or when requested in writing to appear at the offices of the Australian Taxation Office concerning his/her income tax return. 2. Representation at the audit and for negotiations, conferences and telephone conversations with the Legal Service Provider and settlement conferences subsequent thereto, but prior to a lawsuit. 3. Professional time or services for actual trial appearance when the Australian Taxation Office sues the member or, after paying the disputed tax, the member sues the Australian Taxation Office. Limits & Exclusions: 1. Provision of this service begins with the member(s) personal Income Tax Return, due 1 July on the year of enrolled. 2. Does not include preparation of tax returns or financial statements or financial advice or financial planning advice. 3. Pre-existing causes of action where the member has already been notified by the Australian Taxation office prior to membership are excluded. Pre-existing causes of action are provided under Section 11 Other Legal Services of this Contract. 4. If, in the opinion of the Legal Service Provider, outside specialist legal tax advice is needed, then the member may be referred to a Referral Legal Service Provider. In this instance provision will fall under Section 11 Other Legal Services of this Contract. P re - P a i Pre-Paid d L e g a l P ty Legal L t d 2 Services 007 Pty Ltd 2010 P a g e 12 Page o f of E 17 m p l o y e Motoring e - C o n t r a c Legal t o r P la Plan n M e Membership m b e r s h C o n Contract t r a c t

13 5. Garnishment, attachment or any other post-judgement relief. 6. Class actions or interventions or amicus curiae filings. 7. Trust, business and/or corporate income tax returns, payroll and information returns, business activity statements, fringe benefits tax returns, partnerships and corporation returns or portions thereof that are included in the provided person s income tax returns. 8. Services by a registered tax agent are excluded. 9. Requests by the Australian Taxation Office asking for additional information to be supplied by mail or telephone before written notification of an audit is received. 10. Advice, consultation and correspondence not provided for under this section will be provided under Section 1 Preventative Legal Services of this Contract. The Income Taxation Legal Services section is a part of and is subject to all General Provisions of this Contract. SECTION 10: LEGAL SHIELD The Legal Service Provider will provide a member with assistance, advice and representation when that member is detained or arrested, at any time outside normal business hours and subject to the legal conditions imposed by the detaining authority. Limits & Exclusions: 1. Excludes assistance with posting bail or other securities required for release. 2. Excludes assistance for outstanding warrants previously issued. 3. The benefits of Legal Shield provision will be provided at a Preferred Member Discount rate of 25% off the Legal Service Provider s standard hourly rate for this service and are subject to legal conditions imposed by the detaining authority that may not allow for the PPL duty officer or solicitor to communicate with you on an immediate basis. 4. The Legal Service Provider may provide trial representation outside normal business hours under Section 11 Other Legal Services section of this contract for that service if seen as necessary. The Legal Shield section is a part of and is subject to all General Provisions of this Contract. SECTION 11: OTHER LEGAL SERVICES The member will receive other legal services not specifically provided by this plan at a fifteen (15) percent discount from the Legal Service Provider s standard hourly rate for representation including all pre-existing matters or causes of action. Any legal service under this section may attract a greater discount rate than the minimum at the sole discretion of the Legal Service Provider. Limits & Exclusions: 1. The Legal Service Provider has the right to determine whether or not any claim or defence is frivolous or without merit, and if they so determine, reserve the right to decline to act for the member. 2. The Legal Service Provider has the right to present any claim or defence according to their independent professional judgement. Matters for which the member has already retained the Legal Service Provider prior to becoming a member are not covered under this Contract. The Other Legal Services section is a part of and is subject to all General Provisions of this Contract. P re - P a i Pre-Paid d L e g a l P ty Legal L t d 2 Services 007 Pty Ltd 2010 P a g e 13 Page o f of E 17 m p l o y e Motoring e - C o n t r a c Legal t o r P la Plan n M e Membership m b e r s h C o n Contract t r a c t

14 A. Those provided for shall include: GENERAL PROVISIONS 1. The person executing this Contract, who shall be a natural person, the primary member. B. Motor Vehicle/Pleasure Craft: 1. A motor vehicle is any properly licensed motor vehicle, except for commercial vehicles licensed for business purposes of one (1) tonne or more. 2. A pleasure craft is any water craft that is not registered for commercial purposes being either power or sail. C. Pre-existing Matters and Causes of Action: Pre-existing matters and causes of actions under the terms of this Contract mean any acts or occurrences that existed or causes of action that were reasonably anticipated or foreseeable prior to the member s enrolment. Pre-existing causes of action are also defined as those acts or occurrences which may cause or give rise at anytime in the future for the need for legal assistance foreseeable or not prior to the member s enrolment. This includes but is not limited to the issuance of a traffic or parking infringement notice which is alleged to have occurred prior to fifteen (15) days after the effective date of the membership Contract, even though the infringement notice might not be issued until after fifteen (15) days following the effective date of the membership. This definition may be modified in individual sections of this Contract to deal with specific circumstances that may arise in particular areas of law. D. Exclusions: All acts or omissions otherwise giving rise to provision if such acts or omissions were performed in the commission of any crime under any municipal ordinance or state or federal statute, except as otherwise specifically provided for in this Contract. This exclusion does not apply to legal services provided under Sections 1 Preventative Legal Services and Section 11 Other Legal Services of this Contract. E. Specific Exclusions: The following items are specifically excluded and shall not be interpreted as included benefits: 1. Fines, court costs, penalties, expert witness fees, expert report costs, costs ordered to be paid by the court to any party, security for costs, bonds, bail bonds, stamp duty, rates, taxes, GST and any out-of-pocket expense and any matter which the Legal Service Provider determines is raised an inordinate or unreasonable number of times without substantial change of circumstances. 2. Any person or entity who initiates or participates in a lawsuit against PPL or any of its subsidiaries, or who is named as a defendant or respondent in a lawsuit initiated by PPL, or any of its subsidiaries, shall be specifically excluded from receiving provision under any benefit of this Contract during the currency of such lawsuit or until its resolution. F. Solicitor - Client Contract: All benefits provided under any provision herein shall be subject to the terms of a solicitor client Contract (Costs agreement) to be executed by the member prior to the time services are rendered, which Contract may require payment of anticipated costs and payment of a retainer to the Legal Service Provider to cover reasonably anticipated costs to be incurred and shall be made at the sole discretion of the Legal Service Provider and eligibility for receipt of benefits hereunder is same prior to commencement of legal representation by the Legal Service Provider. The Legal Service Provider retains the right to require the payment of moneys on account of anticipated fees and disbursements, even if they do not require a specific solicitor-client Contract to be executed. G. Legal Service Provider: Legal Service Provider is defined as the law firm designated by PPL to provide benefits described in this Contract. H. Referral Legal Service Provider: Referral Legal Service Provider is defined as a law firm with which PPL contracts to perform services to PPL members under Section II, Other Legal Services of this Contract. P re - P a i Pre-Paid d L e g a l P ty Legal L t d 2 Services 007 Pty Ltd 2010 P a g e 14 Page o f of E 17 m p l o y e Motoring e - C o n t r a c Legal t o r P la Plan n M e Membership m b e r s h C o n Contract t r a c t

15 I. Territory: This Contract provides services within the States or Territories of Australia where PPL operates or has Legal Service Provider representation. J. Eligibility Period: The eligibility period commences on the effective date of the Contract and shall continue as specified in the contract until such time as the member notifies PPL in writing that they no longer wish to have their membership renew at the end of their existing contract period for another contract term. The eligibility period terminates immediately in the event of cancellation by PPL, for any reason including (at PPL s discretion) non-payment of outstanding membership fees, fraud or intentional misrepresentation of any facts in the application form, or of any matter submitted to the Legal Service Provider or an attempt to utilise benefits for a person not eligible for service pursuant to this contract. Should the member cancel their contract during the contract term or by non-payment of membership fees prior to the end of their contract term, they will be bound under clause V and X of the General Provisions until full payment of any outstanding membership fees are paid. All contracts will run for their full term before they will be cancelled. K. Membership Year: Membership year shall be defined as the period of time beginning on the effective date of the Contract extending for an initial period of twenty four (24) months renewing automatically thereafter on a twelve (12) monthly basis until advised in writing by the member otherwise. Whereby the membership will run until the end of the existing contract term. L. Disputes between Members: In the event of a dispute between members the Legal Service Provider cannot act for both parties. In this event PPL will refer both members to a Referral Legal Service Provider. In this instance both member(s) will qualify for legal representation under the Section II, Other Legal Services of this contract, of this Contract, only with a Referral Legal Service Provider recommended by PPL. If the Legal Service Provider is unable to act for any reason on behalf of any member(s), the Legal Service Provider will advise the member of the reason(s) and refer the member back to PPL to refer the member to an alternate Referral Legal Service Provider, who will provide the legal services under Section II Other Legal Services of this contract. M. Conflict of Interest: In the event that the Legal Service Provider is unable to act on behalf of a member due to a conflict of interest issue then PPL may refer the member to a Referral Legal Service Provider who will act on behalf of that member under the terms of Section II Other Legal Services of this contract. In the event that the Legal Service Provider has acted for two members on opposite sides of a non-contentious matter (which the Legal Service Provider is entitled, but not obliged to do) and a dispute arises, the Legal Service Provider reserves the right to cease acting for both members and refer them, back to PPL for referral where appropriate to an alternate Referral Legal Service Provider. N. Duplication of Provision: A member may not secure services from the Legal Service Provider for the same matter under more than one PPL Contract, no matter how many such Contracts the member owns. O. Change of Contract: No change in this Contract shall be valid until approved by an officer of PPL and unless such change is endorsed on or attached to the Contract. No agent or sales associate has authority to change the Contract or to waive any of its provisions. PPL reserves the right at all times to make any changes to this contract including its pricing without notice. Where PPL does give notice, such notice will be given within thirty (30) days notice of such change, coming into effect during the contract term. P. Cancellation of Contract: PPL reserves the right for any reason, at its absolute discretion to cancel this Contract, including fraud or non-payment of membership fees. This Contract will be cancelled immediately for fraud. All benefits will automatically terminate at the end of the eligibility period. All membership fees are considered earned when paid and will not be refunded should this Contract be cancelled. In the event of cancellation by PPL, only those events reported in writing to the Legal Service Provider during the eligibility period are provided for. P re - P a i Pre-Paid d L e g a l P ty Legal L t d 2 Services 007 Pty Ltd 2010 P a g e 15 Page o f of E 17 m p l o y e Motoring e - C o n t r a c Legal t o r P la Plan n M e Membership m b e r s h C o n Contract t r a c t

16 Q. Legal Service Provider s Professional Judgement: It is within the sole discretion of the Legal service Provider to determine whether claims or defences pertaining to any matter under any section of this Contract presents a frivolous or otherwise unmeritorious claim or defence including decisions to appeal any judgement or decision. The Legal Service Provider reserves the right to make independent professional judgements regarding presentation of same. PPL will in no way influence or affect the rendering of professional services of the Legal Service Provider, that prerogative being reserved by the Legal Service Provider. R. Renewal Procedure: In the event of cancellation of this Contract, either by the primary member or PPL, then PPL reserves the right to grant reinstatement of the membership. When reinstatement is granted, this Contract will be reinstated upon payment by the member of the appropriate fee plus any unpaid membership fees. Failure to renew this Contract and pay any unpaid membership fees may result in cancellation of this Contract in accordance with clauses P, W and X of these general provisions. S. Change in Fees: PPL reserves the right to change the established membership fee for this membership. Changes in the membership fee will only occur after the current payment period has expired. Any new fee structure will automatically commence at the beginning of the new Contract period, unless otherwise advised in writing. T. PPL: Any reference to PPL in this Contract refers to Pre-Paid Legal Services Pty Ltd. U. Indictable Offence: Means any offence potentially triable by jury as listed in the Criminal Code as amended, or defined as such in any other statute. V. Early Termination or Default: This membership is an initial twenty four (24) month contract, commencing on the date the membership application is accepted and will automatically renew on an annual basis unless otherwise advised in writing by the member. If any payment of subscription remains outstanding for more than thirty (30) days from the due date, then PPL may at its absolute discretion terminate or deem the contract to be in default. If a member, for any reason, does not maintain this contract for the full twenty four (24) month period or the full term of any renewal period thereafter, then the amount unpaid for the remainder of any Contract term becomes immediately due and payable, in full. PPL may, at its absolute discretion, charge a payment processing fee (5% of the plan s monthly fee) for each month of default and seek to recover the amount owing, in full or in part, along with all costs associated with doing so as part of any recovery process. W. Suspension of Membership: In the event that a member shall fail to make payment of fees and/or disbursements to a Legal Service Provider within the normal trading terms of that Legal Service Provider, the benefits to be enjoyed by the member under this plan shall be suspended until such time as there is full payment of fees and disbursements to the Legal Service Provider. Any work carried out by a Legal Service Provider during the period of any suspension shall be carried out at the Legal Service Provider s standard hourly rate. X. Membership Reinstatement: Reinstatement of membership after termination is at the discretion of PPL. Membership may be reinstated, without penalty if the member pays all arrears of subscriptions in full. If a membership is terminated and the former member wishes to commence a new membership without reinstating the former membership, PPL may, at its absolute discretion, reject the application, or may accept the new application with the following conditions; (i) (ii) If a member had previously been a member for three (3) months or less, then a waiting period of nine (9) months will apply for benefits under the new membership, with the exception of Section 1 Preventative Legal Services and Section 11 Other Legal Services of this contract that will have no waiting period. If a member had previously been a member for between four (4) and six (6) months, then a waiting period of six (6) months will apply for benefits under the new membership, with the exception of Section 1 Preventative Legal Services and Section 11 Other Legal Services of this contract that have no waiting period. P re - P a i Pre-Paid d L e g a l P ty Legal L t d 2 Services 007 Pty Ltd 2010 P a g e 16 Page o f of E 17 m p l o y e Motoring e - C o n t r a c Legal t o r P la Plan n M e Membership m b e r s h C o n Contract t r a c t

17 (iii) (iv) If a member had previously been a member for between seven (7) and nine (9) months, then a waiting period of four (4) months will apply for benefits under the new membership, with the exception of Section 1 Preventative Legal Services and Section 11 Other Legal Services of this contract that will have no waiting period. If a member had previously been a member for between nine (9) and twelve (12) months, then a waiting period of three (3) months will apply for benefits under the new membership, with the exception of Section 1 Preventative Legal Services and Section 11 Other Legal Services of this contract that will have no waiting period. All causes of action arising during any waiting period, or during any period where the membership had been terminated are deemed to be pre-existing causes of action and any legal service required will fall within Section II Other Legal Services Section of this Contract. Y. Fees & Disbursements: Each member is responsible for payment of their own court costs, fines, penalties, court filing fees and all disbursements and out of pocket expenses, including stamp duty, rates, taxes and GST, charged or incurred by the Legal Service Provider, in the course of dealing with each member s individual matter. Payment of any fees or disbursements will be within the Legal Service Providers normal payment terms. Z. Usage of Plan Entitlements: Where the allotted service entitlements provisioned within a section of this contract become fully utilised, then any additional services provided by the Legal Service Provider under that section of the contract will unless otherwise specified be provided for under Section 11 Other Legal Services of this contract. AA. Preferred Member Discount Rate: Means a discount rate of 25% off the Referral Legal Service Provider s standard hourly rate for the given service..end of Contract CONTACT DETAILS For more information contact your independent Associate or Pre-Paid Legal direct: Pre-Paid Legal Services Pty Ltd Corporate Office: Phone: (08) Fax: (08) WST during normal office hours. Suite 1/160 Burswood Rd, Burswood, WA, enquiries@prepaidlegal.com.au Web site: P re - P a i Pre-Paid d L e g a l P ty Legal L t d 2 Services 007 Pty Ltd 2010 P a g e 17 Page o f of E 17 m p l o y e Motoring e - C o n t r a c Legal t o r P la Plan n M e Membership m b e r s h C o n Contract t r a c t