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Better Lawyers Group Welcomes Donaldson Law as Foundation Brand

Better Lawyers Group Welcomes Donaldson Law as Foundation Brand

3 min read

Peta Gray and Adair Donaldson signing their Better Lawyers Group foundation documents

A bold vision for a new standard of excellence in both client and staff experience in the law has been realised with the creation of Better Lawyers Group, a new home and support network for innovative firms and individuals who want to push past outdated beliefs stifling the profession.

Managing Director Peta Gray said she has always been driven by the belief things can be done better and wanted to make a positive impact on the legal industry beyond her own multi-award winning firm, Enterprise Legal.

Tired of hearing ‘it’s always been that way’ or ‘that’s just how it’s done’, in 2017 at 27 years of age she co-founded Enterprise Legal and worked to redefine what’s possible in a regional law firm, from embracing a predominantly fixed fee structure to offering genuine wellness and flexibility options for staff.

“It’s one thing to say it can be done differently; no one believed us until we did it. Firms in our region did not think that fixed-fee billing could work until we did it. We absolutely smashed it out of the ballpark in those first 18 months,” Ms Gray said.

“I felt like we had conquered a lot, we’re an option that people can use if they want a different approach to legal services or if they want to work in a different law firm to other traditional firms, but it felt like a small impact. We’re one firm, so I think for the last few years it’s been apparent to me that to spread that impact, we need to go bigger.”

After waiting for the right firm to acquire as a foundation brand under her Better Lawyers Group umbrella, Ms Gray said she was excited to announce alongside her close colleague Adair Donaldson, that his firm Donaldson Law had joined the Better Lawyers fold.

She said both businesses had proven it’s possible to adopt modern and innovative practices, policies and incentives usually associated with top-tier capital city firms, in a smaller and regional setting.

“I can’t think of a better firm than Donaldson Law to be the first firm to join with Enterprise Legal to be the founding brands, they’re so aligned,” Ms Gray said.

“The Better Lawyers Group is a plan I’ve had for years and I was waiting for the right firm to become available - it has the ability to be very impactful within the legal sector. Donaldson Law, who’s already had all those impacts under Adair, is perfect. That is exactly aligned in terms of what we want.”

Adair Donaldson said from his point of view, the sale was a “perfect fit”.
Donaldson Law specialises in abuse claims and landholder compensation cases, with a focus on a trauma-informed approach to achieving out of court solutions whenever possible.

“We always had a vision when we created Donaldson Law that we wanted to be doing law differently,” Mr Donaldson said.

“We wanted to be innovative, we didn’t want to be like any other law firm.”

He said while many personal injury firms talked about being “trauma informed”, Donaldson Law walked the walk with an approach which prioritised the needs of particularly vulnerable clients.

"Based in regional Queensland, we developed a national practice here where we have been at the forefront of issues involving abuse in the Australian Defence Force, advocating for landholders impacted by PFAS contamination and land resumptions,” he said.

Practice Manager and wife Samantha Donaldson said while Donaldson Law had been approached by other firms, selling to Better Lawyers Group under Peta Gray’s leadership offered the best outcome for their staff and clients.

“We are entrusting this firm that we’ve poured our heart and soul into, to Peta,” Samantha said.

“We wanted it to have longevity and be successful, and with Peta all those things align. Finding any lawyer who is both an extremely knowledgeable and excellent lawyer but also a good manager of a business and a law firm - to get those two skills in one person is really rare.”

With Mr Donaldson looking to take on new projects including mediation work and education and advocacy around gendered violence, he said he was ready for someone else to take Donaldson Law to “the next level”.

“More than anything we wanted not only a safe place for our clients, a place where our clients were going to be looked after because they’re the most vulnerable people, we wanted somewhere that understood trauma, someone who got what we were trying to achieve,” Mr Donaldson said.

“We wanted to make sure that our staff were going to a place where they would be respected. We wanted that legacy to live on and that meant finding someone with the same values. I’m a huge fan of Peta. Words I’d use to describe her are courageous, innovative, assertive, book smart, street smart, go-getter, fearless.”

Mr Donaldson said he still reflects on the first time the pair met for coffee in Toowoomba, where they are both proudly based.

“For someone 27 years of age, a young mum with a son who’d just turned one, to take that risk and go out by herself - that was wow,” he said.

“I’ve watched her, and we’ve watched each other as close colleagues, because it’s tough being in business. Very few people these days want to take the risk of going and creating their own business, so for someone to go and do that they deserve tremendous respect.”

Those risks are another challenge Peta Gray wants to help rural and regional solicitors overcome, by tapping into the Better Lawyers Group’s collective resources and knowledge base.

“The long term vision for Better Lawyers Group is that we can act as a network,” she said.

“You don’t even necessarily have to be a fully-owned brand under it, my long term goal is to offer a network of support to regional and rural firms so if you do want to go back to your home town and start a firm, but you don’t know the business side of how to do that, they’re the kinds of things you can tap into as part of the Better Lawyers Group.”

Ms Gray said local solicitors could refer clients to Better Lawyers Group for larger matters, without the risk of losing those clients and all their business to capital city firms.

“That’s getting better outcomes for everyone, because we can’t have the only people doing law being people in metro areas, but it’s trending towards that,” she said.

“The message is absolutely, you can do it differently. Don’t be disillusioned, look around. It is easier now than when I did it 10 years ago and when Adair did it 20 years ago but the thing you can’t sub out is hard work.”

For further comment and interview opportunities contact:
PETA GRAY: 0427 034 600
ADAIR DONALDSON: 0427 625 977

Better Lawyers Group
www.betterlawyersgroup.com.au

PO Box 817, Toowoomba QLD 4350
Level 1, 11 Annand Street, Toowoomba QLD 4350

Changes to Australian Consumer Law "Unfair Contract Terms" – What do they mean for you?

Changes to Australian Consumer Law "Unfair Contract Terms" – What do they mean for you?

By James Hart
4 min read

The Treasury Laws Amendment (More Competition, Better Prices) Bill 2022 has recently made waves in the legal realm, bringing about significant modifications to the 'unfair contract terms' (UCT) provisions within the Australian Consumer Law.  As of 10 November 2023, these changes are in full effect, meaning the UCT Provisions apply to contracts entered into or renewed or varied from that date onward. 

Businesses must carefully consider these amendments, prompting a thorough review and adjustment of their contracts and operational practices. In this article, we explain the amendments, their legal implications and why they matter to your business.

Key Changes to UCT Provisions 

The amendments significantly modify unfair contract term provisions in the ACL and the ASIC Act. 

Expanded meaning of standard form contracts

The ACL unfair contract provisions previously only applied to consumer or small business contracts that were "standard form contracts" – generally being a ready-made agreement where one party (usually the business) sets all the rules. The changes expand the application of these provisions because now a contract can be found to be a "standard form contract" even where a party has had an opportunity to:

  • To negotiate changes that are minor or insubstantial in effect
  • To select a term from a range of options determined by another party 
  • To another contract or proposed contract to negotiate the other contract's or proposed contract's terms.

The practical effect of this change is that it reduces the ability of businesses to enforce their Terms and Conditions if they are unfair, even if the customer has 'agreed' to them. 

The UCT provision

Rather than looking at the value of the contract in question as was previously the case, the UCT provisions now apply to businesses that:

  • Employ less than 100 persons (up from 20 previously) or
  • Had a turnover of less than $10 million in the last income year.

This means the UCT provisions apply to more (particularly larger) businesses than was the case previously. Consumers, therefore, have recourse to these provisions in a greater range of circumstances.

In addition, the Bill prevents businesses from avoiding the UCT provisions by clarifying how employees are to be counted to ensure a more accurate reflection of a business's scale. For example, casual employees are counted if they are employed regularly and systematically. Part-time employees are now considered a fraction of a full-time equivalent.

Introduction of penalties

Under the Bill, both UCT regimes will be amended to prohibit expressly:

  • The inclusion or reliance on a UCT in a standard form contract
  • Applying or relying on (or purporting to apply or rely on) a UCT in a standard form contract
  • Proposing a UCT in a standard form contract, which they have entered into.

This means that your business may incur substantial liability if its contracts are not reviewed for compliance with the UCT provisions.

Penalties for breaching the ACL UCT prohibitions range from $2.5 million for an individual, to greater than $50 million for companies. 

If the court can determine the value of the benefit obtained—the penalty could be three times that amount. And if the court cannot determine the value of the benefit obtained—the penalty could be 30% of the company's turnover during the turnover period for the offence.

Expanded Remedies

The Bill will expand the above by ensuring that an unfair contract term in a standard form contract remains automatically void and will allow a Court to make orders to void, vary or refuse to enforce the contract if it is appropriate to:

  • Prevent loss or damage that is likely to be caused or
  • Remedy loss or damage that has occurred.

How Enterprise Legal Can Assist

These changes necessitate a proactive approach from businesses, prompting a thorough review and adjustment of contracts to align with the new requirements. 

Enterprise Legal's dedicated Business Team can assist in reviewing the contracts for your business. Businesses often issue numerous standard form contracts daily, so they are exposed to significant liability if all of their contracts are subsequently found to contravene the UCT provisions. 

Our Disputes Team is well-equipped to act on behalf of your business in defending complaints by consumers. Whether representing consumers or businesses, we strive for positive outcomes using the UCT Provisions. In a recent case, we successfully utilised the UCT provisions to vary a contract and achieve a favourable outcome for our client.

For specialist guidance in navigating these changes and ensuring your business is on the right side of the law, do not hesitate to contact Enterprise Legals's business team today. 

Let us provide the legal expertise your business needs to thrive amidst these regulatory shifts!

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