ELLISON-WHYTE LAW PTY LTD
ABN 84 491 886 866
Terms of Use
Effective date: 1 July 2026 | Last reviewed: June 2026
These Terms of Use govern your access to and use of the website located at ellisonwhytelaw.com.au (Website), operated by Ellison-Whyte Law
Pty Ltd (ABN 84 491 886 866) (we, us, our), a legal practice based at Shop 2, 3056 Frankston-Flinders Road, Balnarring VIC 3926, admitted to
practise in the Supreme Court of Victoria and the High Court of Australia.
By accessing or using our Website, you agree to be bound by these Terms of Use. If you do not agree, please do not use our Website.
These Terms of Use should be read together with our Privacy Policy and, where you engage us for legal services, our Costs Agreement and Complaints Handling Policy. In the event of any inconsistency between these Terms of Use and our Costs Agreement, the Costs Agreement prevails in relation to the provision of legal services.
Our Website provides general information about our legal practice, our team, our practice areas, and the legal services we offer. The Website also provides access to online booking and intake tools to assist you in commencing a legal matter with us.
The content on this Website is provided for general informational purposes only. It does not constitute legal advice and should not be relied upon as a substitute for obtaining legal advice that is specific to your individual circumstances. No lawyer-client relationship is created by your use of this Website or by submitting an enquiry through it.
A lawyer-client relationship with Ellison-Whyte Law Pty Ltd is only established when we have issued, and you have accepted, a signed Costs Agreement and Disclosure Statement.
Nothing on this Website — including articles, blog posts, FAQs, practice area descriptions, or any other content — constitutes legal advice. The law changes frequently and may vary depending on your specific circumstances, jurisdiction, and the facts of your matter.
You should always seek independent legal advice before taking any action in reliance on information published on this Website. If you would like legal advice about your specific situation, please contact us to arrange a consultation.
To the extent permitted by law, we accept no liability for any loss or damage suffered by any person in reliance on information published on our Website.
Before we commence work on your legal matter, we will issue you with a Costs Agreement and Disclosure Statement in accordance with our obligations under the Legal Profession Uniform Law (Victoria). We will not begin work on your matter until you have confirmed your acceptance of those terms.
Once your initial enquiry has been received — whether via our Website, email, telephone, or online booking system — we will forward our Costs Agreement to you for your review and approval. No fees will be incurred and no legal services will commence until that agreement is executed.
Where we offer fixed fee services, the fee applicable to your matter will be set out in your Costs Agreement. Fixed fees cover the defined scope of work described in that agreement. Work falling outside that defined scope may be charged separately and will be disclosed to you before any additional fees are incurred.
As a reporting entity under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), we are required to verify your identity before we can commence work on certain designated services. You will be asked to provide identification documents as part of our client onboarding process. We cannot provide legal services until our identity verification requirements are satisfied. Please see our Privacy Policy for full details of our AML/CTF obligations.
All content on this Website — including text, graphics, logos, images, page layouts, and downloadable resources — is owned by or licensed to Ellison-Whyte Law Pty Ltd and is protected by copyright under the Copyright Act 1968 (Cth) and applicable international copyright conventions.
You may view, print, or download content from our Website for your personal, non-commercial use only. You must not reproduce, republish, distribute, modify, or exploit any content from our Website for any commercial purpose without our prior written consent.
Where you submit content to us via our Website — including enquiry forms, intake questionnaires, or file uploads — you represent that you have the right to submit that content and that doing so does not infringe the intellectual property rights of any third party. You retain ownership of any content you submit, but grant us a non-exclusive licence to use that content for the purpose of providing legal services to you.
The Ellison-Whyte Law name, logo, and associated branding are trade marks of Ellison-Whyte Law Pty Ltd. Nothing on this Website grants you any right to use our trade marks without our prior written consent.
To the maximum extent permitted by law, we exclude all liability for any loss or damage — including indirect, consequential, special, or incidental loss or damage — arising from your use of, or inability to use, our Website or any content on it, including any errors or omissions in that content.
Nothing in these Terms of Use excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Australian Consumer Law (being Schedule 2 of the Competition and Consumer Act 2010 (Cth)) that cannot lawfully be excluded or limited. This includes the consumer guarantees that apply to the supply of services.
Where our services are supplied to a consumer within the meaning of the Australian Consumer Law, our liability for failure to comply with a consumer guarantee is limited, to the extent permitted by law, to the resupply of the services or the payment of the cost of having the services supplied again.
Our liability in relation to the provision of legal services is governed by our Costs Agreement, the Legal Profession Uniform Law (Victoria), and applicable professional indemnity insurance requirements. We hold professional indemnity insurance as required by the Victorian Legal Services Board.
Nothing in these Terms of Use limits or excludes any liability that cannot be excluded under the Legal Profession Uniform Law (Victoria) or any applicable professional conduct rules.
These Terms of Use are intended to be fair and reasonable. We acknowledge our obligations under the unfair contract terms regime in Part 2-3 of the Australian Consumer Law (as amended from 9 November 2023). If any term in these Terms of Use is found by a court or tribunal to be unfair within the meaning of the ACL, that term will be void to the extent of the unfairness, and the remaining terms will continue in full force and effect.
Our Website may contain links to third-party websites, including our online booking system (Settify), client portal (LawConnect), and other legal information resources. These links are provided for your convenience only.
We do not endorse, control, or accept responsibility for the content, privacy practices, or terms of use of any third-party website. We recommend that you review the terms of use and privacy policy of any third-party website you visit via a link from our Website.
Our Privacy Policy governs the handling of personal information submitted to us through our Website and our associated platforms. Please see Section 8 of our Privacy Policy for details of the third-party platforms we use and their data storage arrangements.
Our Website provides access to an online booking system and client intake platform (currently Settify) to assist you in commencing a legal matter. Use of these tools is subject to these Terms of Use and the terms of the relevant platform provider.
Submitting an enquiry or completing an intake form online does not create a lawyer-client relationship, does not obligate us to act for you, and does not constitute the provision of legal advice. We will review your submission and contact you to discuss your matter and, where appropriate, issue a Costs Agreement.
We endeavour to respond to all online enquiries within two business days. Response times may vary during peak periods or where a matter requires initial internal review.
We conduct legal services electronically, including via email, video conference (Microsoft Teams), our client portal (LawConnect), and electronic settlement platform (PEXA). By engaging us or communicating with us electronically, you consent to the use of electronic communications for the purposes of your matter.
Electronic signatures are accepted by us in accordance with the Electronic Transactions Act 2000 (Vic) and, where applicable, the Electronic Transactions Act 1999 (Cth). Certain documents — including Wills, Enduring Powers of Attorney, and some court documents — may require original wet-ink signatures or witnessing requirements that cannot be satisfied electronically. We will advise you if this applies to your matter.
You are responsible for ensuring that your email and electronic communication systems are secure. We accept no liability for any loss arising from the interception or unauthorised access to electronic communications that is not attributable to our own negligence.
We use artificial intelligence tools to support the delivery of our legal services and the operation of our practice. Our use of AI is governed by our AI policy, which is set out in Section 14 of our Privacy Policy. We encourage you to read that section before engaging our services.
In summary: AI tools are used by us for drafting assistance, research support, and practice administration. All AI-assisted outputs are reviewed and approved by a qualified practitioner before use. We do not use AI to make decisions that significantly affect your rights or interests without human oversight. You may ask us at any time whether AI was used in the preparation of documents or advice in your matter.
We collect and handle personal information in connection with your use of this Website and the provision of legal services to you. Our full Privacy Policy — including our obligations under the Privacy Act 1988 (Cth), the Australian Privacy Principles, the AML/CTF Act, and the GDPR and UK GDPR where applicable — is available at ellisonwhytelaw.com.au/privacy-policy.
By using our Website and submitting personal information to us, you acknowledge that your personal information will be handled in accordance with our Privacy Policy.
Our Website uses cookies and similar technologies as described in Section 9 of our Privacy Policy. By continuing to use our Website, you consent to our use of cookies in accordance with that Policy. You may disable cookies through your browser settings, though this may affect the functionality of some features of our Website
We take reasonable care to ensure that the information on our Website is accurate and up to date. However, the law changes frequently and we cannot guarantee that all information on our Website reflects the current state of the law at the time you access it.
We reserve the right to update, amend, or remove content from our Website at any time without notice. We recommend that you check the currency of any information before relying on it, and that you obtain specific legal advice for your circumstances.
You must not use our Website in any way that:
is unlawful, fraudulent, or harmful
infringes the intellectual property rights of any person
transmits unsolicited commercial communications (spam)
introduces malware, viruses, or other malicious code
attempts to gain unauthorised access to our systems or data
interferes with or disrupts the operation of our Website
harvests or collects personal information about other users of our Website
We reserve the right to suspend or terminate your access to our Website if we reasonably believe you have breached these Terms of Use.
These Terms of Use are governed by the laws of the State of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria and the Federal Courts of Australia in respect of any dispute arising under or in connection with these Terms of Use.
Nothing in this clause limits your rights as a consumer under the Australian Consumer Law or any other applicable legislation that confers rights that cannot be excluded by contract.
If you have a complaint about our Website or the information on it, or about the legal services we have provided to you, please contact us
in accordance with our Complaints Handling Policy, which is available at ellisonwhytelaw.com.au/complaints-policy.
If you believe we have breached your privacy, you may contact the Office of the Australian Information Commissioner (OAIC) at oaic.gov.au or 1300 363 992, or the Victorian Legal Services Commissioner (VLSC) at lsc.vic.gov.au or 1300 796 344.
We may update these Terms of Use from time to time to reflect changes in our practice, our services, or our legal obligations — including changes to the Australian Consumer Law, the Privacy Act, the AML/CTF Act, or other applicable legislation.
The current version of these Terms of Use will always be available at ellisonwhytelaw.com.au/terms-of-use. The version number and effective date at the top of this document indicate when the Terms were last updated. Your continued use of our Website after any update constitutes your acceptance of the updated Terms.
Where changes are material, we will take reasonable steps to notify you — for example, by posting a notice on our Website.
For any questions or concerns about these Terms of Use, please contact:
Sue Ellison-Whyte
Principal, Ellison-Whyte Law Pty Ltd | ABN 84 491 886 866
Shop 2, 3056 Frankston-Flinders Road, Balnarring VIC 3926
Email: sue@ellisonwhytelaw.com.au
Phone: 03 5908 3732
Website: ellisonwhytelaw.com.au
Ellison-Whyte Law Pty Ltd | ABN 84 491 886 866 | Balnarring, Mornington Peninsula VIC | ellisonwhytelaw.com.au | 03 5908 3732