ICC International Chamber of Commerce ➲ Arbitration Clause Generator

California
Australian Capital Territory
International
New South Wales
New Zealand
Northern Territory
Queensland
South Australia
Tasmania
Victoria
Western Australia

Create this legal Document

Contact us to create this legal document.

Self-Service 🏗

Most Popular

Self Service

Create the document instantly yourself by entering the key details.

A$

FREE

Self-Service 🏗

Most Popular

Self Service

Create the document instantly yourself by entering the key details.

A$

FREE

Self-Service 🏗

Self Service

Self Service is not yet available for this document.

FREE

Lawyer-Assisted ✅

Lawyer Assisted

Create the document yourself with 30 mins help from a lawyer.

A$

FREE

Lawyer-Assisted ✅

Lawyer Assisted

Create the document yourself with 30 mins help from a lawyer.

A$

FREE

Lawyer-Assisted ✅

Lawyer Assisted

Lawyer Assisted is not yet available for this document.

Full Service

We create a bespoke document based on
your instructions.

From:

A$

220

Please turn your device to landscape mode to begin creating your document.

Please turn your device to landscape mode to begin creating your document.

Please turn your device to landscape mode to begin creating your document.

Please turn your device to landscape mode to begin creating your document.

Thank you! Your message has been received!
Oops! Please check your details and try again.
No items found.

Why do we recommend parties consider adding an Arbitration Clause to their Contract?

Arbitral Awards (~170 Countries) are generally more enforceable v. Australian Court Judgments (~30)

It is often assumed that a court judgment made after a dispute arises under a Contract will automatically be enforceable against the other party (even where they reside or are based overseas).

The best way to set the record straight and demonstrate the importance of Arbitral Awards when dealing with parties from particular countries is to provide by way of example a list of the countries where an Australian Judgment has automatic reciprocal recognition versus the recognition an equivalent Australian Arbitral Award might receive under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) (the "New York Convention").

Reciprocal Enforcment of (Circa 30) Foreign Court Judgments in Australia and vice-versa

FAQ: What foreign Court judgments have reciprocal recognition for enforcement in Australia?

Enforcement of Foreign Arbitral Awards (170 Countries are parties to the Convention)

Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) (the "New York Convention")

Entry into force: The Convention entered into force on 7 June 1959 (Article XII).

Status: This table lists the current status of the signatory countries to the Convention

To help make sense of the status levels please refer to the following defintions which apply to the critical stage of consenting to be bound by the convention

Ratification

Ratification defines the international act whereby a state indicates its consent to be bound to a treaty if the parties intended to show their consent by such an act.

In the case of bilateral treaties, ratification is usually accomplished by exchanging the requisite instruments, while in the case of multilateral treaties the usual procedure is for the depositary to collect the ratifications of all states, keeping all parties informed of the situation.

The institution of ratification grants states the necessary time-frame to seek the required approval for the treaty on the domestic level and to enact the necessary legislation to give domestic effect to that treaty

Accession

"Accession" is the act whereby a state accepts the offer or the opportunity to become a party to a treaty already negotiated and signed by other states.

It has the same legal effect as ratification.

Accession usually occurs after the treaty has entered into force.

For more glossary terms, visit the UN Treaty Website’s Glossary of terms relating to Treaty actions.

What needs to be considered when adding an Arbitration Clause to a Contract?

Especially when dealing with International Commerce (but also in Domestic Commerce) it is critical that the parties to any Contract carefully consider what will occur if a dispute arises, including:

⚖️ The Dispute Resolution Process (and if that is unsuccessful);

⚖️ How the matter can be finally decided and the estimated costs typically involved in the chosen Forum;

⚖️ The seat (location) of the Arbitration;

⚖️ The language or languages to be used in the Arbitral Proceedings;

⚖️ Whether the Abitral Proceedings are to be confidential (and under what circumstances confidential information may be disclosed);

⚖️ Whether the Arbitration Proceedings are to be conducted by way or oral hearings for the presentation of evidence or for oral argument, or whether the proceedings are to be conducted solely via written submissions;

⚖️ Whether a court may determine a preliminary point of law;

⚖️ The applicable Arbitration Rules;

⚖️ The number of Arbitrators, whether a majority or unanimous decision is required, and whether one Arbitrator is to be appointed as a Presiding Arbitrator to solely determine questions of procedure;

⚖️ The procedure for appointing the Arbitrator or Arbitrators;

⚖️ The procedure for challenging the appointment of an Arbitrator;

⚖️ The power of the Arbitral Tribunal to grant interim measures;

⚖️ Whether or not one or more Experts can be appointed to report on specific issues to be determined by the Arbitral Tribunal;

⚖️ Whether the costs of an Arbitration (including the fees and expenses of the Arbitrator or Arbitrators) are to be pre-allocated or to be in the discretion of the Arbitral Tribunal;

⚖️ How to deal with the costs in the event of an aborted or failed Arbitration;

⚖️ Whether interest at a pre-agreed rate or such reasonable rate as the Arbitral Tribunal decides is to apply on an award for the payment of money;

⚖️ Avenues of Appeal (if any);

⚖️ Applicable Law for both the Contract and the Arbitration;

⚖️ Enforcement;

⚖️ Security +/or Personal Guarantees, etc.

The ICC International Chamber of Commerce provides dispute resolution services including Arbitration.

Whilst parties can agree to undertake Arbitration after a dispute arises, it is best practice for the parties to discuss and agree whether or not to include an Arbitation Clause in their Contract before it is executed by the parties.

Many of the above matters may be automatically dealt with by the agreed applicable Arbitration Rules which as general designed to provide for default positions where the parties omit the matter from their Arbitration Clause.

It is important for the parties to understand the default positions imposed by their agreed applicable Arbitration Rules so that they can negotiate changes where necessary.

How does this ICC Arbitration Clause Generator work?

This Self-Service Arbitration Clause generator uses Embedded Lawyer-Logic™ to step you through the below guidelines to automatically generate and email you a draft ICC Arbitration Clause based on your responses. If you need assistance to best understand the implications of each query being asked, we offer Lawyer-Assisted and Full Service depending on the complexity of your circumstances, and requirements.

Guidelines for adding an ICC Arbitration Clause to your Contract

The following text has been extracted from the Standard ICC Arbitration Clause (English Guide).

It is recommended that parties wishing to make reference to ICC Arbitration in their contracts use the standard clause below.

Standard ICC Arbitration Clause

All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.

Parties are free to adapt the above Standard ICC Arbitration Clause to their particular circumstances.

For instance, they may wish to stipulate the number of arbitrators, given that the ICC Arbitration Rules contain a presumption in favour of a sole arbitrator.

Also, it may be desirable for them to stipulate the place and language of the arbitration and the law applicable to the merits.

The ICC Arbitration Rules do not limit the parties’ free choice of the place and language of the arbitration or the laws governing both the contract and the arbitration.

When adapting the clause, care must be taken to avoid any risk of ambiguity.

Unclear wording in the clause will cause uncertainty and delay and can hinder or even compromise the dispute resolution process.

Parties should also take account of any factors that may affect the enforceability of the clause under applicable law.

These include any mandatory requirements that may exist at the place of arbitration and the expected place or places of enforcement.

ICC Arbitration Without Emergency Arbitrator

If the parties wish to exclude any recourse to the Emergency Arbitrator Provisions, they must expressly opt out by adding the following wording to the clause above: 

The Emergency Arbitrator Provisions shall not apply.

Expedited Arbitration

The ICC Arbitration Rules provide for use of an expedited procedure in lower-value cases.

If parties wish to exclude the application of the Expedited Procedure Provisions, they must expressly opt out by adding the following wording to the clause above:

The Expedited Procedure Provisions shall not apply.

Parties wishing to avail themselves of the expedited procedure in higher-value cases should expressly opt in by adding the following wording to the clause above:

The parties agree, pursuant to Article 30(2)(b) of the Rules of Arbitration of the International Chamber of Commerce, that the Expedited Procedure Rules shall apply irrespective of the amount in dispute.

If parties wish the ceiling for the application of the Expedited Procedure Rules to be higher than that specified in those Rules, the following wording should be added to the clause above:

The parties agree, pursuant to Article 30(2)(b) of the Rules of Arbitration of the International Chamber of Commerce, that the Expedited Procedure Rules shall apply, provided the amount in dispute does not exceed US$ [specify amount] at the time of the communication referred to in Article 1(3) of the Expedited Procedure Rules.

Without Publication of Awards

All disputes arising out of or in connection with the present Contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.
No award or procedural order made in the arbitration shall be published.

Multi-Tiered Clauses

ICC Arbitration may be used as the forum for final determination of a dispute following an attempt at settlement by other means such as Mediation.

Parties wishing to include in their contracts a tiered dispute resolution clause combining ICC Arbitration with ICC Mediation should refer to the standard clauses relating to the ICC Mediation Rules.

Other combinations of services are also possible.

For instance, Arbitration may be used as a fallback to expertise or dispute boards.

Also, parties who resort to ICC Arbitration may wish to provide for recourse to the ICC International Centre for ADR for the proposal of an expert if an expert opinion is required in the course of the Arbitration.

Standard clauses for these and other combinationsof services are available in several languages here.

More information

For more information about inserting an ICC Arbitration Clause into your Contract to refer disputes to the ICC International Chamber of Commerce you can download the Standard ICC Arbitration Clause brochure in English (many other languages are available).

Social Sharing Image: Courtesy of Ian Taylor on Unsplash

Relevant Australian legislation:

The International Arbitration Act 1974 of the Commonwealth covers International Commercial Arbitrations and the enforcement of Foreign Arbitral Awards.

For Domestic Commercial Arbitration, each state or territory will generally have their own local laws.

For e.g., see Commercial Arbitration Act 2010 (NSW).

Source: ICC International Chamber of Commerce Website

Source: ICC Website

Test your knowledge and get a discount for this document: take the .

Enter the code WHen you pay full price to Purchase one of the following Self Service documents:

No items found.

Re-Enter the code at checkout each time you buy the following documents to get a discount:

No items found.

Resources

What clients say

swipe left or right to view more testimonials
Great Service and very professional!

Zhang Rose | NSW Real Estate Agent + Landlord

,

Google

22

Nov 2022

I had an urgent legal document I needed help with. The team was very helpful and professional, with a thorough understanding of the requirements. Highly recommend!

AG | 1-page NDA

16

Nov 2022

James was very helpful. He called back on the same day and was able to provide valuable information needed urgently. He has taken the time to explain the matter in details on several occasions over the phone and investigate the matter further on my behalf; this without costs. I would highly recommend him and will definitely use him if I need a lawyer in the future.

Roman Haverkamp | Landlord

,

Google

1

Nov 2022

Upon reviewing the Defamation Lawsuit Wizard, I must say that the automation at Blue Ocean is both legally insightful and technically smooth... I particularly like the detailed legal aspects (e.g., claim elements and limitation period logic, etc.) you have incorporated 👍🏽

Avish Sharma | Founder at Prodigy Legal [India]

29

Sep 2022

James is the best he has helped me beyond belief. Thankyou I give 5 stars ⭐️⭐️⭐️⭐️⭐️!

Anna Waldron | Concerns Notice 🔥

29

Sep 2022

Hi James, I found Blue Ocean Law Group's free online one-page NDA template very useful. It has an incredibly user-friendly interface which was perfectly suited for my needs. I would highly recommend it to anyone needing a one-page NDA contract written up in a timely manner.

Jack Carroll | Free 1-page NDA

15

Sep 2022

Thank you for giving your time to speak to me earlier today about drafting a Deed of Family Arrangement. I have found that, through Blue Oceans' new way of working, legal services are much more accessible, transparent and affordable.

Frederick (Fred) Cox | Deed of Family Arrangement + Probate Kit (Qld)

12

Sep 2022

The best legal advice and representation I ever had. Friendly, reliable and reasonable pricing. Thank you James for helping me with my case.

Soft Lution | Tenant Dispute with Landlord (NSW)

8

Sep 2022

Very patient. Responsive to the needs of my company. "Was very accomodating with my requirements" - Professional, scientific & technical services industry

Darren Blinn | Director of Sales & Business Development OUTABOX Solutions

21

May 2022

What are the benefits of buying legal documents from us?

The majority of online Australian Legal Document providers are not law firms!

Whilst it is acknowledged that the legal document templates provided by the majority of [non law-firm] Australian legal document providers will generally have been prepared by lawyers and that the templates they sell are updated from time to time as required by legislative changes.

This does not change the fact that you are not dealing directly with a law firm.

In order to understand what this means from a practical perspective you need to ask the following questions …

What happens?

🧩 If and when you have a legal question?

🧩 If the other party wants to negotiate amendments to the legal document?

🧩 If the legal document does not meet all of the requirements of your specific facts and circumstances?

🧩 If there is a mistake in the legal document?

Lastly, what happens if you are not directly involved in the creation of the legal document?

🧩 What if your accountant, tax agent or financial advisor uses a [non-law firm] online legal document service on your behalf?

To help you answer this question, please read our FAQ: If I create a legal document for my client on your law firm’s website am I giving legal advice or am I a "mere scribe"?

General Answer

A general answer is that online [non-law firm] Australian Legal Document providers are unable to assist clients directly, as they are unable to provide legal advice.

Certain [non-law firm] providers have adopted a business model whereby they earn a substantial ongoing 12 months+ plus referral fee for directing a client to a large directory of law firms who can assist.

This referral fee is charged to the law firm, who may decide to expense it as a marketing cost.

We submit that one way or another, it is ultimately the client who pays for the cost of the referral fee as it increases the cost of doing business for the law firm providing the service to them.

Feedback obtained directly from businesses who have used certain [non-law firm] online services

The valuable feedback we have  obtained is that:

❌ The quality of the online legal documents are basic, non-adaptive templates; such that

❌ The client is more often than not, required to seek assistance from a law firm in order to ensure their legal requirements are met.

As lawyers are required to undertake client interviews and make manual amendments to the legal documents, the final cost ends up much higher than the client could have anticipated, especially when the original online legal document was given away for free or at a nominal cost.

These kinds of business models may not rise to the level of bait & switch, however they may be found to constitute misleading and deceptive conduct.

In our submission, clients appear to be lead to believe that in the majority of cases they will be able to use the standard online documents without the need to engage a law firm to assist, when in actual fact this is not the case.

What are the benefits of purchasing legal documents directly from Blue Ocean Law Group?

When you purchase online legal documents directly from us, we have every incentive to ensure the quality of the online legal documents provided are as high as possible, and that you have all your questions answered.

List of Benefits:

✅ Our law firm already has a copy of your online responses so we can assist quickly and cost effectively.

✅ 1-stop shop. There is no need to wade through a directory of different law firms each time.

✅ Professional Indemnity Insurance (when you engage us for legal advice);

✅ Higher quality automatically tailored legal documents using Embedded Lawyer-Logic;

✅ Deal directly with a law firm, no need for middlemen;

✅ No referral fees built into the business model;

✅ Lower overall legal costs;

✅ Legal document delivered directly from our .law web domain so you know we created the legal document;

✅ Legal Professional Privilege; and

✅ Enhanced Confidentiality.

✅ Blue Ocean Law Group (as far as we are aware) are currently the only Australian law firm providing you with the option to create more than 140+ Personal & Business Legal Documents online using our ⚖️ [Self-Service] and/or [Lawyer-Assisted] services.

Credits:

This FAQ was created by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

Important Notice:

This FAQ is intended for general interest + information only.

It is not legal advice, nor should it be relied upon or used as such.

We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.

What is a Free Legal Health Check?

What is a Free Legal Health Check? ✅

Our Legal Health Check is a process that helps you identify + prioritise your individual + business (if relevant) legal needs.

How does it work?

1️⃣ Complete our Intelligent Questionnaire:

You will be asked to provide information about your personal and/or business circumstances;

2️⃣ Automated Report:

The process uses inbuilt Embedded Lawyer-Logic™ to help you identify key legal risks + concerns and prioritise solutions.

A customised (jargon-free) report is generated in plain english with actionable recommendations.

3️⃣ Deliver Solutions:

You can then consider the information in your own time, and when convenient, select the most appropriate self-service legal documents from our online 24/7 portal or reach out to our legal team to discuss your options in more detail.

What does it cover?

🧩 Estate planning;

🧩 Marriage and de facto relationships;

🧩 Tax structuring;

🧩 Dispute avoidance/resolution;

🧩 Investment properties;

🧩 Business sale/purchase;

🧩 Business financing;

🧩 Co-ownership arrangements;

🧩 Managing staff;

🧩 Commercial terms;

🧩 Websites and intellectual property;

🧩 Regulatory compliance.

Why go through this process?

This is an amazing way to quickly + proactively identify legal risks + opportunities to get your legal affairs in order!

Achieve Zen-like “peace of mind” knowing your legal affairs are in order

Our Buccaneer Package is designed for individuals + includes our constantly expanding library of [Self-Service] personal legal documents.

It is compelling value with pricing at less than $1 per day which entitles you to access heavily discounted [members only] prices.

You could save thousands $$$ on your legal bills!

Our Yachtsman Package designed for business owners includes our constantly expanding library of [Self-Service] personal + business legal documents.

It is compelling value with pricing at circa $3.50 per day [equivalent to the price of a cup of tea or coffee!] which entitles you to access heavily discounted [members only] prices.

You could save thousands $$$ on your personal + business legal spend!

Credits:

This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

What is Embedded Lawyer-Logic + how does it work?

What is Embedded Lawyer-Logic™?

Think of Embedded Lawyer-Logic as your way of gaining 24/7/365 access to the best legal minds in the relevant area of law to guide you through complex legal matters via one of our Legal Wizards +/or to instantly generate high quality legal documents, or an initial draft for review by our legal team.

More than 1000+ Australian lawyers use the same Industry leading Legal Document Platform to automatically generate high quality legal documents.

Step 1️⃣: Information Gathering/Legal Wizard

Our intelligent online questionnaire adapts to your answers and only asks relevant questions.

Simply follow the guidance and enter the requested information about your matter.

If you are using one of our Legal Wizards there may or may not be a document to be automatically generated.

Step 2️⃣: Document Assembly

The information is then sent to our back-end legal document generation engine, which follows a matrix of algorithms to make decisions about what should be in your legal document, just as an expert human lawyer would do.

The engine then draws from an enormous body of content to assemble a top-tier quality legal document that’s tailored to your situation + requirements.

Our Embedded Lawyer-Logic™ technology includes numerous quality control checks + automatic error-correction, massively reducing the risk of human error.

Step 3️⃣: Document Delivery

The finished document is then emailed to you in PDF format, ready to print and sign.

Optional: Lawyer Review/Assistance

Your answers to the online questionnaire and a copy of the finished document in both Word + PDF formats are automatically forwarded to our legal team.

If we notice anything out of-the-ordinary we will contact you to discuss.

If you are a subscribed member or opt for paid Lawyer-Assistance, we will use the allocated time to assist to clarify and resolve any questions you may have.

Optional: Full Service

If your matter is complex, high risk or you have never been involved in legal matters before, we highly recommend you opt for our Full Service.

Our legal team will contact you and assist you throughout the entire process.

If you are a subscribed member the cost for the time spent by our legal team to assist you is heavily discounted.

Credits:

This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

When should I reach out to speak to your legal team?

Our [Self-Service] legal documents are designed to be completed "without the intervention of a lawyer".

This approach will be appropriate for the majority of routine legal matters, where you are experienced and have learnt what needs to be considered and have gained experience in using our 24/7 online document portal to generate your legal documents instantly.

Some routine matters maybe totally new to you (meaning that you will have questions and we recommend you select our [Lawyer-Assisted] service).

Other matters maybe unusually complex, or of such high-value or risk that involving our legal team is the prudent course to take.

For these matters we recommend you select our [Full Service] option.

Credits:

This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

What does the Lawyer-Assisted service include?

Your upgrade to our [Lawyer-Assisted] Service includes …

⚖️ Professional Indemnity (Limited Liability) by a scheme approved under Professional Standards Legislation;

⚖️ Access to Professional Fee Funding* / Disbursement Fee Funding / Family Law Funding (subject to approval by QuickFee our external legal finance provider);

✅ Allocated Time included to understand your circumstances + objectives, answer your queries + provide legal advice & make recommendations regarding alternative/additional options; and

✅ Create your standardised Legal Document based on your instructions.

Plus [+] Where Appropriate (at no additional charge)

⚖️ Use of proprietary fonts to maximise fraud prevention;

⚖️ Use of our Law Firm Letterhead;

➲  Send your Legal Document for electronic signature/s; and/or

🔒 Application of Trax Print Legal Document Security Technology for Fraud + Litigation Prevention.

* More Information about Professional Fee Funding:

Our firm has partnered with QuickFee and Splitit to provide you with an interest free payment option. While we remain your service provider, the payment method is provided by QuickFee, a specialist payments provider for professional firms.

Credits:

This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

Is the Legal Documents Portal Secure?

Yes we use the highest grade web-based security available 4096-bit SSL encryption

Our Legal Documents Portal uses 4096-bit SSL encryption.

A Future Proof Security Solution

The following has been extracted from a JScape's website article answering the question: "Should we start using 4096 bit …?"

In case you're curious where we got the idea of 2048-bit encryption keys being safe to use until 2030, check out the NIST Special Publication 800-57 Part1.
In Table 2 of that document, it says 2048-bit RSA keys are roughly equivalent to a Security Strength of 112.
Security strength is simply a number associated with the amount of work required to break a cryptographic algorithm.
Basically, the higher that number, the greater the amount of work required.
A future proof security solution can mitigate the risk of cyber threats.
We know that cyber criminals are always one step ahead of security professionals, so we're not 100% sure 2048-bit keys are going to remain unbreakable before 2030.

How secure is 4096-bit encryption?

It was once said:

It would take the combined processing power of every computer in the world thousands of years to crack 4096-bit encryption.

You could be the weakest link. Be Vigilant!

Hackers will always look for the weakest link, which is usually a person who makes an error which opens up a gap in an otherwise secure system.

In a more general context (outside of encrypted secure website traffic/data) it has also been said:

Data with 4096-bit encryption (only protected by a password) could still be compromised within seconds.
How? Human error.
Easy pass-phrase, written down password, re-used password... etc. basically, always be on the lookout for the weakest link.
Trust the technology, but never trust the weak link - the user!

Credits:

This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

Why does Blue Ocean Law Group℠ use a *.law website domain?

What is a *.law web domain?

⚖️ *.law is a top-level-domain (TLD) that aims to:

Promote trust in the professional legal community by creating a:

✅ Verified;

✅ Exclusive; and

✅ Reserved online space in which only accredited lawyers and law firms can establish a comprehensive digital brand.

✅ Website users can have confidence they are dealing with an authorised and licensed lawyer/law firm.

✅ *.law offers effective branding to those in the legal community, with the ability to secure a domain name that clearly communicates who you are + the legal resources you provide.

All about *.law domain names

Source: join.law - Why *.law?

Creating Legal Docs for clients. Is this giving legal advice?

When you create Legal Docs for Clients. Is this considered giving legal advice? or is your role that of a mere scribe?

If your role is merely that of a "scribe or scrivener" as outlined below it is unlikely you would be deemed to be providing legal advice or engaging in the practice of law.

Caution: Some Online Legal Documents have evolved!

Unfortunately this is not as easy as it once was … when online legal document templates were all static "fill in the blanks" one-size-fits-all templates.

Increasingly, the capabilities + complexities of legal document automation have evolved to cater to an ever widening range of facts and conditions.

Using the complex design + incorporation of what we call Embedded-Lawyer Logic it is no longer possible to avoid the automated tailoring of the online legal document to suit the client's circumstances + legal needs.

They are designed to produce a quality bespoke legal document just like a lawyer does.

The use of Embedded-Lawyer-Logic™ in the online process:

✅ Is now very similar to a client being interviewed by a lawyer;

✅ It drills down to ask the same questions and provide the same options a highly experienced + competent lawyer is required to do.

As a result the draft legal document created now has the potential to vary significantly based on the responses provided by the client.

We have now progressed to the point that the new normal online process is designed to cause your role to fall outside of the role of a "scribe or scrivener" alluded to below.

In the leading case on this issue Legal Practice Board v Computer Accounting and Tax Pty Ltd [2007] WASC 184; 35 WAR 59 (Simmonds J) noted at para. [152] that Brinsden J in Barristers Board v Palm Management Pty Ltd [1984] WAR 101 referred to Re Matthews (1938) 79 P 2d 535, apparently with approval, as follows at para. [108]*:

The court went on to say that where an instrument is to be shaped from a mass of facts and conditions, the legal effect of which must be carefully determined by a mind trained in the existing law in order to ensure a specific result and to guard against others, more than the knowledge of the layman is required and a charge for such services brings it definitely within the term 'practice of the law' [emphasis added].

How to limit your role to that of a "scribe or scrivener"?

Therefore, we strongly recommend that you advise your client to either:

✅ Create the draft legal document themselves + ensure independent legal advice is sought from our legal team prior to negotiation and execution; or

✅ Instruct you to create the legal documents using our Lawyer-Assisted option.

Doing this ensures your role is clearly limited to that of a "scribe or scrivener".

Our legal team will then take the responsibility for reviewing your client's individual circumstances together with the draft legal document in order to provide your client with the relevant legal advice, ensure your client understands their legal position and options, and to propose and make any required amendments to the legal document based on your client's instructions.

What is a "mere scribe or scrivener"?

In Legal Practice Board v Computer Accounting and Tax Pty Ltd [supra]*:

… the court held that work of the mere clerical kind, such as filling out of skeletal blanks or drawing instruments of generally recognised and stereotype forms effectuating the conveyance or encumbrance of property, such as a simple deed or mortgage not involving the determination of the legal effect of special facts and conditions, should be generally regarded as the legitimate right of any layman because it involves nothing more or less than the clerical operations of the now almost obsolete scrivener (emphasis added).
(The scrivener was eliminated in England by the 1804 Act.).

The view of the Institute of Chartered Accountants in Australia ... ^

Timely reminder

The 2007 case of the Legal Practice Board v. Computer Accounting and Tax Pty Ltd* serves as a timely reminder to members that there are legislative provisions in each state and territory which prohibit a person who is not a legal practitioner from engaging in legal practice.
This prohibition is mirrored in the Institute’s regulations relating to public practice (regulation 1207).
However, there are differences between the jurisdictions as to how the prohibition is framed.  

Even so, members who use the services of document providers are urged, as a minimum, to:
✅ Use only reputable document providers whose services are backed by competent legal practitioners;
✅ Ensure that they abide by the terms and conditions of the document providers as to the use of the documents and their supply to clients; and
✅ Avoid redrafting of documents to suit the circumstances of individual clients, unless appropriate legal advice is obtained by the relevant parties.

Seek legal advice

The Institute believes that the recent WA case does not require any change to a member's legitimate use of this type of service in accordance with their terms and conditions.
However, if you have any concerns or queries about the use of document providers, you should seek legal advice.

Sources:

* Legal Practice Board v Computer Accounting and Tax Pty Ltd [2007] WASC 184;

^ Extracted from the article: Court case raises issues about preparation of legal documents.

Credits:

This FAQ was created by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

Important Notice:

This FAQ is intended for general interest + information only.

It is not legal advice, nor should it be relied upon or used as such.

We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.

How to Verify a Trax Print Protected Document?

How do I Verify the Authenticity of a Trax Print Protected Legal Document?

You can use any of the following Trax Print Document Verification Methods

1️⃣ Double-Click to Verify the Details of the Document

Note: You can find the Trax Print QR Code on the bottom of the first, last or every page, depending upon the preference set by the author of the document.

✅ By way of example, Double-Click on the below sample Trax Print QR Code within the PDF document:

You will be taken to the TraxPrint.com website and a message similar to the following will appear:

2️⃣ Email to Verify the Contents of the Document

The ability to email a document for automated verification has never been done before.

The Trax Print Email Verification Process

✅ Send an email with the PDF document attached to check@blueocean.law

The Trax Print system checks the Trax Code and compares the entire document to the one that was originally protected.

Trax Print will detect even a one pixel difference within a 1000 page document.

❌ If the PDF document is not authentic a reply email rejecting the document will be send back to you.

If the PDF document is authentic, you will receive a reply email with the following attached:

✅ Certificate of Authenticity (including our law firm details & the timestamp of when the document was Trax Print Protected); + 

✅ The Original Trax Print Protected document.

Try it Yourself

🌊 Email check@blueocean.law with any random PDF document attached (that is not Trax Print Protected).

🌊 Then send a second separate email to check@blueocean.law with one of our Trax Print Protected PDF's attached.

For example:

🌊 Download our Trax Print Protected Brochure called Business Legal Essentials attach it to your email.

🌊 In both cases you will automatically be emailed the results!

Note: Blue Ocean Law Group are also notified if one of our Trax Print Protected Documents is verified.

This enables us to take appropriate action if the verification was not authorised.

3️⃣ Scan to Verify the Contents of the Document

✅ Download the free Trax Print App from the iOS AppStore or Android GooglePlay

Register + Sign-in to the App then ✅ Scan the Trax Print QR Code to Verify.

4️⃣ Drag n' Drop to Verify the Contents of the Document

✅ Drag n' Drop the PDF Document File into the designated area.

You will receive an instant response regarding the authenticity of the document.

This feature is coming soon and we aim to make it available via a dedicated page on our website.

Further Reading: Are your Legal + Identity Documents Securely Trax Print Protected to Provide Fraud + Litigation Prevention? ➲ It's a no-brainer!

Credits:

This FAQ was created by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

Important Notice:

This FAQ is intended for general interest + information only.

It is not legal advice, nor should it be relied upon or used as such.

We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.

Can I create a Legal Document from my phone?

Yes, you can create a Legal Document from your phone

The below iPhone 12 screen shots demonstrate what we mean by "^anywhere (even from your mobile phone, if necessary)".

iPhone 12: Portrait Mode
iPhone 12: Landscape Mode

Credits:

This FAQ was created by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

Important Notice:

This FAQ is intended for general interest + information only.

It is not legal advice, nor should it be relied upon or used as such.

We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.

Can Foreign Court Judgments be enforced in Australia?

What types of Foreign Court Judgments can be registered for enforcement in Australia?

Superior Courts

The following is a list of the Foreign Countries extracted from the Foreign Judgments Regulations 1992 (Comm.) with arrangements as at 1 December 2021 to recognise Australian Court judgments which in turn may be recognised and capable of registration in Australian Courts:

Regulation 4 ➲ Schedule Superior Courts

1A

Province of Alberta, Canada

Supreme Court of Canada
Court of Appeal of Alberta
Court of Queen's Bench of Alberta

2

Bahamas, The Commonwealth of the

Court of Appeal
Supreme Court

3

Province of British Columbia, Canada

Supreme Court of Canada
Court of Appeal of British Columbia
Supreme Court of British Columbia

4

British Virgin Islands

Eastern Caribbean Supreme Court

5

Cayman Islands

Grand Court

6

Dominica,
Commonwealth of

Eastern Caribbean Supreme Court
Court of Appeal
High Court of Justice

7

Falkland Islands

Court of Appeal
Supreme Court

8

Fiji, Republic of

Supreme Court
Court of Appeal
High Court

9

France (French Republic)

Cour de Cassation
Cours d'Appel
Tribunaux de grand instance
Tribunaux de commerce
Cours d'assise
Tribunaux correctionnels

10

Germany, Federal
Republic of

Bundesgerichtshof
Oberlandesgerichte
Bayerische Oberste Landesgericht
Landgerichte

11

Gibraltar

Court of Appeal
Supreme Court

12

Grenada

Supreme Court (consisting of the:
Court of Appeal; High Court)

13

Hong Kong Special Administrative Region of the People's Republic of China, The

Court of Final Appeal
High Court
(consisting of the: Court of Appeal; Court of First Instance)

14

Israel, State of

Supreme Court
District Courts
Moslem Religious Courts
Druze Religious Courts

15

Italy (Italian Republic)

Corte Suprema di Cassazione
Corte di Assise
Corte d'Appello
Tribunale

16

Japan

Supreme Court
High Courts
District Courts
Family Courts

16A

Korea, Republic of

Supreme Court
Appellate Courts
District Courts
Family Court
Patent Court
Administrative Court

16B

Malawi

High Court
Supreme Court

17

Province of Manitoba, Canada

Court of the Queen's Bench of Manitoba

18

Montserrat

Privy Council
Eastern Caribbean Court of Appeal
High Court of Montserrat

19

Papua New Guinea

Supreme Court of Justice National Court of Justice

19A

Poland, Republic of

Supreme Court
Commercial Courts
Courts of Appeal
Provincial Courts

20

St Helena

Supreme Court

21

St Kitts and Nevis, Federation of

Privy Council
Eastern Caribbean Court of Appeal
High Court (Saint Christopher Circuit)
High Court (Nevis Circuit)

22

St Vincent and the Grenadines

Eastern Caribbean Supreme Court (consisting of the:
Court of Appeal,
High Court)

23

Seychelles, Republic of

Court of Appeal
Supreme Court

24

Singapore, Republic of

Privy Council: in respect of orders made on appeals from the Singapore Supreme Court and filed with the Court of Appeal of Singapore

Supreme Court of Singapore (consisting of the: Court of Appeal; High Court)

25

Solomon Islands

Court of Appeal
High Court

25A

Sri Lanka

Supreme Court
Court of Appeal
High Court
District Court

25AA

Switzerland

Bundesgericht
Kantonale Obere Gerichte
Handelsgerichte

25AB

Taiwan

Supreme Court
High Courts
District Courts

25B

Tonga

Court of Appeal
Supreme Court

26

Tuvalu

Court of Appeal
High Court

27

United Kingdom, The

Supreme Court of the United Kingdom
Senior Courts of England and Wales
Court of Judicature of Northern Ireland
Court of Session

28

Western Samoa

Court of Appeal
Supreme Court of Western Samoa

Note: The Eastern Caribbean Supreme Court is constituted by Statutory Instrument 1967 No. 223, as amended by Statutory Instrument 1983 No. 1108, of the United Kingdom.

The Court is differently described in the usage of the countries mentioned in the Schedule in relation to which it is listed as a superior court.

The description used by each of those countries is set out in column 3 of the relevant item in the Schedule.

✅ Reseal of Probate (see below discussion).

Inferior Courts

Regulation 5 Inferior Courts

(2)  Part 2 of the Act extends in relation to the following inferior courts of the United Kingdom:
                    (a)  County Courts (England and Wales);
                    (b)  County Courts (Northern Ireland);
                    (c)  Sheriff Courts (Scotland).
(3)  Part 2 of the Act extends in relation to the following inferior courts of Canada:
                    (a)  the Provincial Court of Alberta;
                    (b)  the Provincial Court of British Columbia;
                    (c)  the Provincial Court of Manitoba.
(4)  Part 2 of the Act extends in relation to the following inferior courts of Switzerland:
                    (a)  Bezirksgerichte;
                    (b)  Erstinstanzliche Gerichte;
                    (c)  Arbeitsgerichte;
                    (d)  Mietgerichte.
(6)  Part 2 of the Act extends in relation to each District Court of the Republic of Poland.

For NZ judgments

Please read our FAQ: What types of New Zealand (NZ) Court judgments can and cannot be registered for Enforcement in Australia?

Reseal of Probate

If a deceased had assets in different states of Australia or in certain countries, namely Commonwealth countries where the Queen is the head of state, then it is generally possible to have a Grant of Probate issued by a Court in one jurisdiction recognised in another state or country.

This process of recognising the grant made in the other state or country is called resealing the grant.

NSW Reseal of Probate example:

Not all Grants from other countries can be resealed by the Supreme Court of NSW.

The Probate Court will only reseal Grants made in countries of the "Commonwealth Realm" where the Queen is, or was at the time of the grant, Head of State.

Such countries include the United Kingdom (England, Scotland, Wales and Northern Ireland), New Zealand, Papua New Guinea and Solomon Islands.

Recent grants from the following countries cannot be resealed: Malta, South Africa, Pakistan, India, Sri Lanka, Fiji, Hong Kong or The Republic of Ireland.

If a grant cannot be resealed then it may be necessary to apply for a new Grant of Probate in NSW.

Credits:

This FAQ was created by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

Important Notice:

This FAQ is intended for general interest + information only.

It is not legal advice, nor should it be relied upon or used as such.

We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.

What types of NZ Court Judgments can be enforced in Australia?

What types of NZ Judgments can be registered for enforcement in Australia?

The following is a non-exhaustive list of the types of NZ judgments can be registered for enforcement via the Australian Courts:

✅ Money judgments;

✅ Non-money judgments (only if not excluded by the regulations);

✅ Judgments in criminal proceedings that involve an obligation to pay an Injured party compensation, damages or reparation;

✅ Judgments that involve a regulatory regime criminal fine;

✅ Judgments in Market Proceedings;

✅ Judgments registered under the Reciprocal Enforcement of Judgments Act 1934 (NZ); and

✅ Reseal of Probate (see below discussion).

The following NZ judgments cannot be registered for enforcement in Australia

❌ Orders under proceeds of crime legislation;

❌ In specified circumstances detailed in the regulations relating to orders in whole or in part made by a NZ Court under the Insolvency (Cross-Border) Act 2006 (NZ).

❌ Orders relating to the granting of probate or letters of administration - for orders of this type you will need to consider whether the relevant Australian State or Territory Probate Court will reseal the grant.

For more information, please see the discussion and example below.

❌ Guardianship orders;

❌ Non-money judgments (if excluded by the regulations);

❌ Orders relating to the welfare, control and care of a child;

❌ Judgments which are not final and conclusive (including freezing orders); and

❌ Judgments which are not enforceable in the original New Zealand Court or Tribunal.

Reseal of Probate

If a deceased had assets in different states of Australia or in certain countries, namely Commonwealth countries where the Queen is the head of state, then it is generally possible to have a Grant of Probate issued by a Court in one jurisdiction recognised in another state or country.

This process of recognising the grant made in the other state or country is called resealing the grant.

NSW Reseal of Probate example:

Not all Grants from other countries can be resealed by the Supreme Court of NSW.

The Probate Court will only reseal Grants made in countries of the "Commonwealth Realm" where the Queen is, or was at the time of the grant, Head of State.

Such countries include the United Kingdom (England, Scotland, Wales and Northern Ireland), New Zealand, Papua New Guinea and Solomon Islands.

Recent grants from the following countries cannot be resealed: Malta, South Africa, Pakistan, India, Sri Lanka, Fiji, Hong Kong or The Republic of Ireland.

If a grant cannot be resealed then it may be necessary to apply for a new Grant of Probate in NSW.

Credits:

This FAQ was created by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

Important Notice:

This FAQ is intended for general interest + information only.

It is not legal advice, nor should it be relied upon or used as such.

We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.