Effective date: 1 January 2026
Applicable to: All users and clients of Shaw & Shaw Pty Ltd. (ABN 93 697 772 740, ACN 697 772 740) and the website shawandshawpty.site.
1. Interpretation
In these Terms and Conditions:
- "Company", "we", "us" or "our" means Shaw & Shaw Pty Ltd. (ABN 93 697 772 740).
- "Client", "you" or "your" means any person or entity who accesses or uses our website or engages our services.
- "Services" means the legal and advisory services provided by Shaw & Shaw Pty Ltd.
- "Website" means shawandshawpty.site and all associated pages.
2. Acceptance of Terms
By accessing or using our Website or engaging our Services, you agree to be bound by these Terms and Conditions. If you do not agree, you must not use our Website or Services. These terms apply in addition to any separate retainer or engagement letter that may govern a specific client relationship.
3. Australian Consumer Law
Our Services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL) (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). Where applicable, you are entitled to:
- A guarantee that our Services will be provided with due care and skill (ACL s 60).
- A guarantee that any materials supplied in connection with our Services will be reasonably fit for the purpose for which they are supplied (ACL s 61).
- A guarantee that our Services will be supplied within a reasonable time (ACL s 62).
Nothing in these Terms and Conditions excludes, restricts or modifies any rights you may have under the ACL or any other applicable law that cannot be excluded or modified by agreement.
4. Scope of Services
The content on our Website is provided for general informational purposes only and does not constitute legal advice. A client relationship is formed only when we have expressly agreed to act on your matter through a signed engagement letter or equivalent written confirmation.
Until such a relationship is established:
- No duty of care is owed to you in relation to any specific legal matter.
- You should not rely on any information on this Website as a substitute for professional legal advice tailored to your circumstances.
5. Fees and Payment
Our fees for legal Services will be set out in a costs disclosure or engagement letter provided before or at the time of engagement, in accordance with the Legal Profession Act 2008 (WA) and the Legal Profession Regulations 2009 (WA).
Unless otherwise agreed in writing, invoices are payable within 14 days of issue. We reserve the right to charge interest on overdue accounts at a rate of 2% above the Reserve Bank of Australia cash rate, calculated daily.
6. Limitation of Liability
To the maximum extent permitted by law:
- We exclude all liability for any loss or damage arising from your use of the Website, including but not limited to direct, indirect, incidental, special or consequential loss or damage.
- Our liability for any breach of a contractual term or a guarantee under the ACL is limited, at our option, to:
(a) the re-supply of the relevant Services; or
(b) the payment of the cost of having the relevant Services supplied again.
Nothing in these terms excludes or limits our liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded by law.
7. Intellectual Property
All content on the Website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads and data compilations, is the property of Shaw & Shaw Pty Ltd. or its licensors and is protected by Australian and international copyright and intellectual property laws.
You may not, without our prior written consent:
- Reproduce, distribute, modify, create derivative works from, publicly display or publicly perform any content from the Website.
- Use any trademarks, service marks or trade names of Shaw & Shaw Pty Ltd.
- Frame, mirror or scrape any part of the Website.
8. Confidentiality and Privilege
We maintain the confidentiality of all client information in accordance with our professional obligations under the Legal Profession Act 2008 (WA) and the Australian Privacy Principles. Legal professional privilege attaches to communications between us and our clients where the relevant criteria are met. We will not disclose privileged communications without your authority, except as required by law.
9. Website Use
When using our Website, you agree to:
- Use the Website only for lawful purposes and in accordance with these Terms and Conditions.
- Not attempt to gain unauthorised access to any part of the Website or its systems.
- Not transmit any viruses, malware or other harmful material.
- Not use the Website in any way that could damage, disable or impair the operation of the Website or interfere with any other party's use.
10. Third-Party Links
Our Website may contain links to third-party websites. These links are provided for convenience only and do not signify endorsement. We accept no responsibility for the content, accuracy or privacy practices of those websites. Accessing third-party websites is at your own risk.
11. Indemnity
You indemnify Shaw & Shaw Pty Ltd. and its officers, employees and agents against all losses, costs, damages and expenses (including legal costs on a solicitor-and-client basis) arising from your breach of these Terms and Conditions, your use of the Website, or any claim by a third party arising from your conduct.
12. Termination
We reserve the right to:
- Restrict or terminate your access to the Website at any time, without notice, for any reason including breach of these Terms and Conditions.
- Terminate or decline to provide Services in accordance with the terms of any engagement letter and applicable professional regulations.
Upon termination, all provisions of these Terms and Conditions that by their nature should survive will remain in full force and effect, including but not limited to sections 6 (Limitation of Liability), 7 (Intellectual Property), 8 (Confidentiality and Privilege) and 11 (Indemnity).
13. Dispute Resolution
If a dispute arises out of or relates to these Terms and Conditions or our Services, the parties agree to first attempt to resolve the dispute through good faith negotiation. If the dispute cannot be resolved within 30 days, either party may initiate mediation in Perth, Western Australia, before resorting to litigation.
14. Governing Law and Jurisdiction
These Terms and Conditions are governed by and construed in accordance with the laws of the State of Western Australia (WA) and the Commonwealth of Australia. You submit to the non-exclusive jurisdiction of the courts of Western Australia.
15. Severability
If any provision of these Terms and Conditions is held to be invalid, illegal or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be deemed modified to the minimum extent necessary to make it valid and enforceable.
16. Variation
We reserve the right to amend these Terms and Conditions at any time by publishing the updated terms on this page. Continued use of the Website after any amendment constitutes acceptance of the revised terms. We encourage you to review this page periodically.
17. Contact
For questions about these Terms and Conditions, please contact us:
- Shaw & Shaw Pty Ltd.
- Email: [email protected]
- Address: Perth, WA 6018
- Website: shawandshawpty.site
- ABN: 93 697 772 740
- ACN: 697 772 740