Terms of Engagement.

1. Fixed Dispute Resolution (“Fixed”), a New Zealand-registered limited liability company (NZBN: 9429051940669), is authorised and regulated by the New Zealand Law Society. In line with our ethical obligations under the Rules of Conduct and Client Care for Lawyers, this letter outlines the terms, conditions and exclusions of our legal services, and other key information.


2. Verification of Identity:
Under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009, we must verify new clients’ identities. As part of onboarding, please promptly provide identification and proof of address. Failure to do so may prevent us from offering a free initial consultation and limit our ability to act for you. One of our Client Care Specialists will be in contact to obtain the required verification of identity documents.


3. Lawyer With Overall Responsibility for Your Matter:
Your lawyer at Fixed will be Alex Fanning, Lead Lawyer, who has overall responsibility for your matter. Other team members may assist under Alex’s supervision. We will take instructions from you and report directly to you, with our duty of care owed solely to you.


4. Free Initial Consultation:
We offer a free 45-minute consultation with a lawyer for clients who meet our criteria, with each client eligible for one session. This consultation is available only after an initial meeting with a Client Care Specialist, who will gather your information and documents, assess our availability, and check for conflicts of interest. You will be informed whether we can take on your file after this meeting. To schedule your free initial consultation, you must provide the required verification of identification documents. We can then register you as a client before giving you legal advice. While we aim to provide helpful information during the free initial consultation, it is a preliminary session and may not cover all issues within the time limit. If you choose not to proceed with us after the free initial consultation, our representation will end with no charge. Information from your consultation will be recorded in our database to avoid conflicts of interest and maintain a record of you receiving your one-time free initial consultation.


5. How We Charge:
If you engage us beyond the free initial consultation, we will continue to act for you in your family law matter until all services are completed or our appointment is terminated. In this instance, we will agree on the work to be done and how you will be charged from one of the following options:


(a) Fixed Fee Package: We will offer you a package from those available on our website, at the listed package price. If the package price is within a range based on case complexity, such as our litigation packages, we will confirm the exact price before starting the package, and that will be the amount charged. Each package covers specific tasks outlined on our website and is subject to the terms and conditions in this letter. Packages are completed either upon task resolution or 7 weeks after purchase, whichever comes first. Any additional work beyond the package will be charged as outlined in paragraph 9 of this letter.

(b) Custom Fixed Fee Quote, or Combining Packages: If no standard package listed on our website’s pricing page suits your case, or if you want to purchase two or more packages at once, we’ll provide a tailored fixed fee quote, subject to the same terms, conditions and exclusions as are listed in this letter. Any additional work beyond the quote or combined packages will also be charged as outlined in paragraph 9 of this letter. In cases where we are engaged to handle numerous family law issues, we may be able to provide you with a unique, cost-effective combined package cost or quote lower than the rates published on our website.

(c) Hourly Rate: Rather than choosing a package or quote, you can opt to be charged for work at our hourly rate of $300 + GST, charged on a time and attendance basis.

(d) Legal Aid: If you qualify for legal aid and we successfully apply on your behalf, you will be charged according to the Ministry of Justice’s legal aid fees, a schedule of which will be provided to you once your application is granted. More details about legal aid can be found at paragraph 16 of this letter.


6. Scope of Fixed Fee Packages & Quotes:
Our fixed fee packages are designed to cover specific tasks, as outlined on our website’s pricing page. A full breakdown of what is included in each package is available on the pricing page of our website, and we encourage you to review those details. Each package focuses on particular family law issues and includes only the tasks, communications, and advice directly related to those matters. For example, the Section 21A Separation Agreement package covers negotiating, drafting, and attempting to finalise the agreement, but does not include tasks such as conveyancing (e.g. transferring property titles to implement the settlement). In some instances, we may refer you to other legal professionals for non-family law matters, such as conveyancing, updating your Will, or trust administration, with their fees being separate from ours. Our fixed fee packages and quotes apply strictly to the specific tasks listed and do not cover legal work outside that scope, nor do they include any third-party legal services.


7. Communications, Negotiations & Advice:
The communications, negotiations, and advice included within any fixed fee package or quote are limited to reasonable use during normal business hours, excluding weekends and public holidays. While we are committed to providing clear and timely communication, our fixed fee packages and quotes do not include constant or unlimited contact, such as daily phone calls or meetings. As we manage multiple client matters, we ask that communications be focused and concise. This ensures we can balance our time and attention across all clients fairly. Packages and quotes are designed to include only the necessary communications, negotiations, and advice to progress issues related to your specific package, and they do not oblige us to continuous or disproportionate attention to any one case, nor to provide legal advice or services outside the scope of the package.


8. Timeframe for Case Progression:
Our packages and quotes are designed to efficiently progress your case, but family law disputes often require extended negotiations. While we aim to resolve matters promptly, we cannot guarantee full resolution within the 7 week timeframe of any package or quote.


9. Additional Work:
Near the completion or expiry of a package or quote, we will advise you if further work remains to be completed. If so, we will confirm how further work will be charged. Our default approach following the expiry or completion of a package or quote is to charge for additional work at our hourly rate of $300 + GST. However, in some cases, we may be able to offer a further fixed fee package or quote. You agree to promptly liaise with us to confirm how further work will be charged, and in any event within 5 business days within completion or expiry of your package or quote. If we do not receive confirmation from you within the specified timeframe, we may be unable to progress your matter, and this could result in delays or termination of our services.


10. Pausing, Terminating or Changing a Fixed Fee Package or Quote:
While Fixed may, at our discretion, extend a package or quote timeframe as outlined in paragraph 11, clients cannot themselves elect to pause a fixed fee package or quote. For example, if your package has a 7 week timeframe, you cannot choose to pause it after 2 weeks and resume the remaining 3 weeks later. However, you can terminate or change your package or quote at any time, as long as it is done before the package is completed or the timeframe ends. If you terminate or change the package or quote early, you will be charged the lesser of

(a) The time spent on your matter, calculated at $300 + GST per hour; or

(b) The fixed fee package or quote price.

For example, you may need to terminate your package or quote if circumstances change. For instance, if you purchase an agreement package but the other party begins legal proceedings, you may wish to terminate your agreement package to switch it to a litigation package. Continuing with this example, if we had worked 2 hours on your agreement package, you would pay $600 + GST (2 x $300 + GST), not the full package price. This approach ensures fair and flexible pricing when a package or quote is terminated before its completion or expiry.


11. Extensions:
We may, at our sole discretion, extend a package’s or quote’s expiry. For example, we may do this if a package or quote is purchased but no time has been spent working on the matter before the expiry period ends. All extensions are at Fixed’s discretion and will be determined on a case-by-case basis.

12. In-Person Work:
Fixed is an online family law firm, with all consultations, meetings, and communications being conducted remotely via our client portal, video calls, phone, email, or by by text. By engaging us, you agree to our services being provided online or electronically and acknowledge that no fixed fee package, quote, or initial consultation includes in-person work. However, we understand that in-person work, especially for litigation, may be necessary. As the duration of in-person engagements are unpredictable, we do not offer fixed fees for this work. If agreed in advance, we can attend in-person meetings, court appearances, mediation, or other in-person work activities. In-person work will be charged at $300 + GST per hour, in addition to any fixed fee package or quote. In-person work, if agreed, will always be billed separately from any fixed fee package or quote, even if the package duration has not yet expired. You will also be responsible for reasonable travel and accommodation costs, which we will estimate and notify you of in advance. For extended travel, we may also propose a travel fee to account for time spent travelling.

13. Disbursements:
Out of pocket expenses (disbursements), such as property title fees, court filing fees, or travel costs, are not included in any of our fixed fee packages or quotes. We will always inform you and seek approval before incurring any disbursements. These costs will be added to your invoice and are payable in addition to the fixed fee or quote.

In some cases, such as with our spousal maintenance packages, we may refer you to external professionals like accountants. Their fees are separate from our legal fees, payable directly to them, and not included in any of our packages or quotes. This also applies to any other third-party professionals we may refer you to. We will seek your approval before engaging any external professionals whose fees are not included in a fixed fee package or quote.

14. Invoices:
We typically invoice our fixed fee packages or quotes in fortnightly instalments. However, once the package is completed or our appointment is terminated, any remaining balance will be invoiced in full. If a significant expense or disbursement is incurred, such as a Family Court filing fee, we may issue an invoice immediately. Invoices are payable within 7 days unless alternative arrangements are made in writing.

15. Overdue Fees:
Interest of 2% will apply daily and will be compounded monthly on any invoiced fee, disbursement or instalment overdue by 8 or more days, with that 8 day period starting from the date of the invoice. If invoices, disbursements or instalments remain unpaid, we may stop all work, and we may also initiate debt recovery, and you will be responsible for all associated costs of debt recovery.

16. Legal Aid:
Paragraphs 6 – 15 (inclusive) of this letter discuss the terms applicable to fixed fee packages and quotes. In respect of clients seeking legal aid, we will apply on your behalf through the Ministry of Justice, and any legal aid granted will be subject to the Ministry’s guidelines. The Ministry will cover the fees and disbursements associated with your family law matter, and these will be charged and invoiced by us to them according to their prescribed rates, or pursuant to any amendment to grant. You may be required to repay some or all of the legal aid costs to the Ministry, with any amount to be repaid determined by the Ministry. We will inform you of the Ministry’s repayment determination once it is advised to us. The Ministry may also require other payments or conditions before granting legal aid. If you receive legal aid but your income or assets increase and affect your legal aid eligibility, you must notify the Ministry. If legal aid is not granted, or if it is granted but later withdrawn for any reason, our appointment will end unless you agree for us to continue on a private basis.

17. Trust Account:
We do not maintain a trust account, so we cannot hold funds or accept payments in advance.

18. Termination of Services:
You may terminate our services at any time by written notice, but all outstanding accounts must be paid before your file is released. We may terminate your retainer in accordance with the Law Society’s Rules of Conduct and Client Care, including for reasons such as unpaid accounts, lack of timely instructions, or a breakdown in trust and confidence.

19. Retention & Use of Information:
We will keep all information about you confidential, except where:

(a) Necessary to carry out your instructions;

(b) Disclosure is required by law, or by the Rules of Conduct and Client Care for Lawyers;

(c) Shared with our contractors, employees, or agents to carry out work for you; or

(d) Shared with third-party software providers, including AI tools, to assist with scheduling, processing, document creation, or other incidental services.

You authorise us to store your files electronically for at least two years after our engagement ends. After that, we may securely archive or destroy the information unless required otherwise by law. We may also securely destroy or return physical documents after converting them to electronic format.

20. Client Care, Service & Complaints:
The Law Society client care and service information is set out below:

(a) Whatever legal services your lawyer is providing, he or she must:

I. Act competently, in a timely way, and in accordance with instructions received and arrangements made.
II. Protect and promote your interests and act for you free from compromising influences or loyalties.
III. Discuss with you your objectives and how they should best be achieved.
IV. Provide you with information about the work to be done, who will do it and the way the services will be provided.
V. Charge you a fee that is fair and reasonable and let you know how and when you will be billed.
VI. Give you clear information and advice.
VII. Protect your privacy and ensure appropriate confidentiality.
VIII. Treat you fairly, respectfully and without discrimination.
IX. Keep you informed about the work being done and advise you when it is completed.
X. Let you know how to make a complaint and deal with any complaint promptly and fairly.

Lawyers’ obligations to clients are outlined in the Rules of Conduct and Client Care, subject to duties to the courts and the justice system. If you have any complaints, please contact us to discuss them. If we cannot resolve your concerns, we may refer your complaints to an independent solicitor or barrister to help us decide an outcome. Also, you may contact the New Zealand Law Society Complaints Service at 0800 261 801.

21. Limitation of liability:
To the fullest extent permitted by law, Fixed and its directors, employees, agents and software, including software provided by third-party software providers, shall not be liable for any loss, damage, or expense (whether direct, indirect, consequential, or otherwise) arising out of or in connection with the provision of legal services. Our total liability for any claim arising out of or in connection with our services, whether in contract, tort (including negligence), or otherwise, shall be limited up to a maximum of $50,000. Our advice is limited to the legal matters we handle for you and does not include advice on foreign law, taxation, or investment.

22. Lawyers’ Fidelity Fund and Professional Indemnity Insurance:
We are not covered by the lawyers’ fidelity fund, but we hold Professional Indemnity Insurance that meets or exceeds the Law Society’s minimum standards. Details are available upon request.

We’re excited to introduce you to a new approach to family law services and look forward to assisting you. By engaging our services and/or participating in a free initial consultation, you agree with these terms. If you do not agree, please advise us as soon as possible.