The above work, "Looking back to the Home Star from Sedna", is by the renowned astronomical artist, Adolf Schaller. Please visit www.omnicosm.com to see more of his works.

Contact Us

You can contact us by way of the details below:

Postal address: Farr Intellectual Property
PO Box 7246
Karawara WA 6152
Australia
Email address: malcolm.farr@farr-ip.com
Telephone: +61 (0)8 6161 9575




Terms of Engagement

The purpose of this section is to set out the standard terms of engagement in accordance with which we will accept instructions from our clients, and undertake work for them in accordance with those instructions. Subject to any overriding or supplemental contractual arrangements, these terms will govern our professional relationship with you. It is therefore important that you should read and understand these terms before proceeding, clarifying any matters which you do not understand before you do so. In the absence of any questions seeking clarification, we will be entitled to assume that you do understand these terms and conditions.


Conflict of Interest

Before commencing work on your behalf, we will consider whether doing so may entail a conflict of interest; and, as we carry out work on your behalf, we will continue to consider whether any conflict of interest may arise.

If we do become aware of any actual or possible conflict of interest, we will advise you about it. Wherever possible, we will use our best endeavours to resolve issue as appropriate having regard to ethical standards applicable to legal practitioners and trade marks attorneys and other requirements. In the event that such a resolution is not possible, we will stand aside from acting for both parties in the matters concerned.


Fee Disclosure

Likewise before commencing work on your behalf, we will endeavour both to confirm your instructions in writing, and to give you an estimate of charges that are likely to be involved in undertaking the work. However, you should note that an estimate of this nature is neither a fixed quote or an upper limit to the costs that we may charge you, although we will endeavour to advise you if it becomes apparent to us that our earlier estimates are likely to be exceeded in any substantial way. We emphasise that any such estimate is not a fixed quote or a cap on what we may charge you. Please note that estimates that we give are exclusive of any Goods and Services Tax (“GST”) that may be applicable.

We will provide such fee estimates to you in writing except where matters are so urgent that we understand that action must be taken at once, and in cases where you advise that this is not required, or where there is a relationship between us such that prior matters of a similar nature have already been carried out by us on your behalf, and it is implicit that such estimates are superfluous.


Professional Fees

Our professional fees are calculated in accordance with a schedule of charges provided to you when we first accept instructions from you. Our schedule of fees may be updated from time to time, although we will give you reasonable notice of any changes which might be made.

Our fees are based on fixed charges for certain types of work, or, in most cases, at rates dependent upon the time taken to complete the work in an efficient and timely manner. Time-based charges are calculated upon the basis of units of six minutes or part thereof.


Disbursements and Other Charges Incurred

Any disbursements or other charges incurred (for example, official fees paid to IP Australia, and fees charged by third parties such as barristers and overseas colleagues) will also be billed to you. These will be shown separately on our invoices and the reconciliations which accompany them.

Please note that we do not operate a trust account, but pay disbursements and other charges from our own funds. However, will such payments are substantial, we will invoice you separately for them, with payment to be made by you as soon as possible upon invoicing (and in any case within seven (7) days of invoicing; see below).

Any GST which applies will be passed on to you, being shown separately on our invoices and their accompanying reconciliations.


Billing Arrangements and Trading Terms

We generally issue invoices on a monthly basis, except in matters cases where the particular circumstances involved indicate that another course may be preferable. Our trading terms are for payment by the date twenty-one (21) days after the date of invoice, except for invoices relating to substantial disbursements and/or other charges, where are trading terms are for payment seven (7) days after the date of invoice.

If you do not pay an invoice within sixty (60) days of it being sent to you, we may immediately stop acting for you; and if we are representing you in any litigation, we may advise the court or tribunal, however described, that we no longer act for you. Further, if any invoice is unpaid for more than sixty (6) days, we may charge interest on the outstanding balance at the National Australia Bank base indicator rate.

We reserve the right to commence legal proceedings for debt recovery if any invoice is overdue by sixty (6) days or more, and we may recover costs from you applicable thereto.


Expertise and Competency

Pursuant to the codes of conduct applicable to legal practitioners and registered trade marks attorneys, we will ensure that persons engaged in work on you behalf have suitable expertise and competency for those matters which they handle on your behalf. Our Principal, Malcolm Farr, is both a legal practitioner and registered trade marks attorney, while our Consultant, Clare Farr, is a registered trade marks attorney.


Compliance with Applicable Laws, and Ethical Standards/Codes of Conduct

At all times in the conduct of work for you and on your behalf, we will comply with the laws and with ethical standards/codes of conduct applicable to us as legal practitioners and registered trade marks attorneys. This includes compliance with any applicable provisions of the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)).

We shall at all times use our best endeavours in working for you and on your behalf, aimed at obtaining solutions best suited to your intellectual property and related needs. However, as the results in matters in which we accept your instructions depend on a range of factors including without limitation the quality of information which you provide to us and/or to consideration by third parties have regard to their assessments of relevant criteria, we cannot guarantee results that may be obtained.


Modes of Communication

Subject to any alternative preferences which you may indicate with us and which we are able to satisfy, we will ordinarily communicate with you by email and telephone. It is recognised that all modes of communication, including such electronic means as those just mentioned, entail some risk of disruption, including interception and alteration. We are therefore unable to guarantee data integrity and confidentiality. If desired, therefore, we will be happy to provide hard-copy confirmation of substantive advices by post, although it is recognised that this, too, entails risk.

Where matters are discussed between us by telephone or in person, file notes will be made and kept as soon as practicable thereafter. We usually commit our file notes to emails so that these are intrinsically dated and timed.


Privacy and Confidentiality

Subject to our disclosure under the heading “Use and Disclosure” below, we will use all information which you provide to us solely for the purposes for which it is provided. Any information which you provide to us which is not already in the public domain will be treated as being strictly confidential between us, and will be subject to lawyer/attorney-and-client privilege where the circumstances applying enable and/or require this. These restrictions likewise apply in respect of our other clients, so that we will not disclose to you any corresponding information which they provide to us.


Use and Disclosure

Notwithstanding the matters discussed under the heading “Privacy and Confidentiality” above, we may nonetheless need to disclose information which you provide to us, or which pertains to you, to third parties. Such third parties may include without limitation government authorities and agencies such as IP Australia and the Therapeutic Goods Administrations, courts and tribunals, however described, barristers, and foreign colleagues assisting in matters falling within their legal jurisdictions. By instructing us, you consent to us providing information to such third parties to the extent which may be required by law or which we consider appropriate in your interests having regard to the nature of the particular matters involved.


Document Disposal

We reserve the right to dispose of files and documents once seven years has elapsed following either the completion of a matter, or the cessation of instructions in a matter. You need to notify us a reasonable time before the seven-year “deadline” if in any case you specifically require files or documents to be retained for more than that period.

However, the above disposal conditions do not apply to documents retained by us for safe-keeping on your behalf. Further, intellectual property renewals and related correspondence are separate from general file-maintenance, and are treated as ongoing matters regardless of the destruction of files and documents otherwise relating to the relevant intellectual property rights.


Restrictions on Use of Advice, Copyright Materials, and Materials on Our Website

Unless we agree otherwise in writing, no advice or information which we provide to you may be passed on by you or by anyone associated with you, whether or not that person is acting within or outside the terms of that person’s employment or other relationship with you. Without in any way limiting the generality of the foregoing, advice or information provided to you may be inapplicable to the circumstances of a third party, and we will not accept any liability for any loss, however described, of any nature whatsoever, which the third party claims to have incurred or suffered by reason of reliance upon such advice and information; and we may bring action and/or a cross-claim against you in respect of any such purported loss.

Unless we agree otherwise in writing, copyright in all materials which we create in the course of working for you and on your behalf is, and remains, vested in us. Payment of our fees entitles you to use such materials under licence for the purposes for which they were created, but you may not deal with them in any way which is adverse to our interests at law. This includes, without limitation, providing such materials to third parties for their use, whether directly or by way of anyone associated with you, whether or not that person is acting within or outside the terms of that person’s employment or other relationship with you, as discussed above.

Subject only to any law which may require it, you may not use or reproduce and materials on our website without our express written permission.


Failure to Comply with Terms

At our sole discretion, and depending upon its severity as assessed by us, your failure to comply with our terms of engagement entitles us either to suspend or permanently cease work for you or on your behalf. A decision in any instance not to suspend or permanently cease work for you does not mean that a later failure of compliance by you may not result in suspension or permanent cessation arising from that later failure.


Terms and Termination

Unless later modified by agreement between us, all work which we undertake for you and/or on your behalf will be conducted on the basis of these Terms and Conditions. Either party may terminate our engagement on a particular matter or generally by written notice. However, you will remain liable to pay both any fees and charges which remain unpaid as at the date of termination, and those which accrue up to and including the date of termination. Matters discussed under the heading “Billing Arrangements and Trading Terms” above remain applicable notwithstanding termination in cases where any invoices remain outstanding.


Lien

In the event of termination, we have a general and specific lien over all your files then with us, such that we may at our discretion retain possession of them as security for payment of any and all invoices then unpaid, until such time as they have been paid in full.