Legal Fees

Please see below for our structured fees and charges.

If you don’t find what your looking for, we still might offer the service, just have a chat with us.

Property Property Small Business Small Business Estate Planning Estate Planning Family Law Family Law

Property

Conveyance (Buying or selling real property) - $900 plus GST

Scope of work includes: Preparation of Contract or pre-purchase contract review and advice, liaising with agent or other party’s solicitor/conveyancer regarding sale documentation, taking up signed documents and managing terms and conditions, arranging release of deposit (if required), lodging purchaser’s caveat (if required), preparing or reviewing statement of adjusted rates & taxes prior to settlement, liaising with lender for finance and or release of mortgage, preparing settlement work space, State Revenue Office duty declaration, GST Notices, ATO Clearance Certificate application, managing and attending settlement, advising rating authorities and relevant stakeholders of change of ownership, finalising.

Subdivisions/Plan of Consolidation – $750 plus GST

Scope of work includes: Liaising with surveyor to obtain relevant plans and documents, advising you in relation to requirements, preparing lodgement paperwork for registration, attending to registration with Land Use Victoria, liaising with lender to make Certificate of Title available at the titles office (if required), taking up new Certificates of Title, finalising.

Off-the-plan purchase/sale of property – $1,500 plus GST

Mortgage and Guarantor Advice (Certificate of Independent Legal Advice) – $1000 plus GST

Scope of work: Taking up loan agreement, reviewing documents, advising you in relation to documents, providing you with Certificate of Independent Legal Advice (if required), witnessing execution of loan agreement.

Registration of Mortgage (Private Mortgages) – $800 plus GST

Scope of work includes: Taking your instructions regarding conditions of mortgage, drafting agreement and attending on parties to sign loan documentation, Verification of Identity, preparation and lodgement of loan documents, liaising with Certificate of Title controller to obtain title, lodging and registration with Land Use Victoria.

Spousal Transfer of Land – $600 plus GST

Scope of work includes: Advising you in relation to manner of holding, estate implications of transfer, liaising with lender to make title available at the titles office (if required), advising you in relation to stamp duty requirements/implications, Verification of Identity, preparation of transfer and State Revenue Office duties declaration, stamping and lodging documents with Land Use Victoria, taking up new Certificate of Title (if relevant), notifying rating authorities of change of ownership.

Loan & Lodgement of Caveat – $500 plus GST

Scope of work includes taking your instructions to lodge caveat, advising you in relation to lodging caveatable interests, attending on parties to sign, verification of identity, preparing documents and lodging.

Caveat – $150 plus GST

Preparation of caveat, verification of identity and client authority, lodging.

*Prices quoted do not include disbursements for lodgement fees & certificates required.

Small Business Fixed Fee Schedule

Business Sale & Purchase – $1,500 plus GST

Scope of work includes: Taking your instructions, preparation of contract and/or review, negotiating terms and conditions, due diligence required, managing conditions under the contract, preparing adjustments, liaising with accountant for Section 52 Statement (if required), preparing for settlement completion, assisting with handover, finalising transfer of registrations, leases, etc.

Business set up (Company) – $1,500 plus GST

Scope of work includes: Taking your instructions, completing relevant searches via ASIC, business structuring advice, assistance with preparing company administration, registration and lodgement of company.

Commercial/Retail Lease preparation, renewal, and transfer – $800 plus GST

The scope of work includes: taking your instructions, preparing lease, liaising with other parties representatives regarding terms and conditions, attending on you to sign, all other incidental work, finalising.

Guarantor/Mortgage Advice (Certificate of Independent Legal Advice) – $800 plus GST

eCommerce Package (Website Terms & Privacy Policy) – $750 plus GST

Scope of work: Website terms and privacy policy.

**fees quoted exclude disbursements such as property or premises enquiries required through third parties.

Estate Planning Fixed Fee Schedule

Simple Wills – $595 plus GST (Single) and $1090 plus GST for (Couples)

The scope of work includes: Taking your instructions, advising you in relation to requirements of a valid will and estate planning options, drafting will, attending on you to sign (or forwarding documents with instructions to sign), finalising matter.

Will with Testamentary Trust – $795 plus GST (Single) $1,490 plus GST (Couples)

The scope of work includes: Taking your instructions, advising you in relation to requirements of a valid will and estate planning options, drafting will, drafting testamentary trust, attending on you to sign (or forwarding documents with instructions to sign), finalising matter.

Enduring Power of Attorney – $195 plus GST

The scope of work includes: Taking your instructions, advising you in relation to estate planning requirements, preparing documents, attending you.

Estate Planning Package including simple will, enduring power of attorney, medical treatment decision maker, binding death nomination & advanced care directive – $900 plus GST (Single) or $1,500 plus GST (Couples) (for complex will quote per job)

The scope of work includes: Taking your instructions, advising you in relation to estate planning requirements, preparing documents, attending you.

**All estate planning matters incur an administration fee of $53.90 for Singles and $82.50 for couples.

Medical Treatment Decision Maker – $195 plus GST

Estate Planning Package (Will, Enduring Power of Attorney & Medical Decision Maker, Binding Death Nomination) – $900 plus GST (Single) $1,500 plus GST (Couples)

Deceased Estates Fee Schedule**

Application for Grant of Probate (administration of the estate charged separately) (as per scale below)
Scope of work: Taking your instructions, taking up original will and death certificate, making enquiries with asset holders, taking up asset information and details for release of assets, drafting application for Grant of Probate, attending on you to sign Affidavit of Executor, lodging documents with the Supreme Court of Victoria, taking up Grant of Probate for administration and winding up of the estate.

Application for Letters of Administration (Intestate or invalid Will) (as per scale below)

Scope of work includes: Taking your instructions, making relevant enquiries regarding assets in the estate, drafting application for letters of administration, taking up asset information and details for release of assets, drafting application for Grant of Probate, attending on you to sign Affidavit of Executor, lodging documents with the Supreme Court of Victoria, taking up Letters of Administration for administration and winding up of estate.

Probate & letters of administration scale of fees

Legal fees – Supreme Court costs in obtaining a grant of representation or the re-sealing in Victoria of a grant made in another jurisdiction
(Supreme Court (Administration and Probate) Rules 2014 – Appendix).
Based on gross value of estates.

Exceeding	Not exceeding	Remuneration chargeable
$10,000	$213	$213
$10,000	$12,000	$246
$12,000	$14,000	$283
$14,000	$16,000	$318
$16,000	$18,000	$354
$18,000	$20,000	$391
$20,000	$30,000	$425
$30,000	$40,000	$463
$40,000	$50,000	$499
$50,000	$60,000	$535
$60,000	$70,000	$572
$70,000	$80,000	$608
$80,000	$90,000	$644
$90,000	$100,000	$680
In excess of $100,000	$680 plus $35 for every $50 000 or part thereof by which the estate exceeds $100 000	$680 plus $35 for every $50 000 or part thereof by which the estate exceeds $100 000

Filing fees for grant of representation applications to the Supreme Court – as at 1 July 2021

GST is not applicable

Value of estate for commencement of an application for any grant of representation	Filing fee exclusive of GST
Gross value of estate less than $500,000	$63.10
Gross value of estate $500,000 or more but less than $1,000,000	$338.20
Gross value of estate $1,000,000 or more but less than $2,000,000	$631.30
Gross value of estate $2,000,000 or more but less than $3,000,000	$1,382.80
Gross value of estate is $3,000,000 or more	$2,134.30

General Estate Advice – $500 plus GST

Scope of work: General advice relating to Estate queries.

Administration of deceased estate – between $2,000 – $8,000*

Scope of work includes: Preparing paperwork for collection of assets in the estate, attending on executors to sign documents, notifying beneficiaries of entitlement under the estate, taking up beneficiaries identity and banking details, lodging documents with asset holders, taking up estate funds into our trust account, creditors notice/advertisement, attending to any outstanding debts, releasing funds pursuant to will, preparing estate account, liaising with accountant for final tax return, finalising.
*Depending on work involved

**All deceased estate matters incur an administration fee of $108.50.

Family Law Fee Schedule

Ellison-Whyte Law assists with amicable separations:

Application for Divorce – $600 plus GST and disbursements

Scope of work includes: Taking your instructions, preparation of divorce application, lodgement and service, attending court, taking up divorce certificate on your behalf.

Binding Financial Agreements – $3,500 plus GST

Scope of work includes: Taking your instructions, preparation of binding financial agreement, correspondence and negotiation with spouse or their representative, advising you in relation to agreement, certificate of independent legal advice, attending on you to sign documents, finalising.

Consent Orders (Children & Property) – $5,000 plus GST (Amicable/ By mutual agreement)

Scope of work includes: Taking your instructions, preparing orders, correspondence with spouse or their representative, negotiation and advice, filing documents on your behalf, taking up orders on your behalf, finalising.

*Prices quoted do not include disbursements for lodgement fees.

**All Family Law matters incur an administration fee of $108.90.