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Engaging External Lawyers procedure

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Section 1 - Preamble

(1) This Procedure is effective from 4 January 2021.

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Section 2 - Purpose

(2) This Procedure sets out the process to be followed by the Office of General Counsel in respect of the engagement of external lawyers on behalf of the University.

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Section 3 - Scope

(3) This Procedure applies to the engagement of all external lawyers on behalf of the University.

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Section 4 - Policy

(4) This Procedure is pursuant to the Legal Services policy.

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Section 5 - Procedure

Engaging external lawyers

(5) In accordance with the Legal Services policy external lawyers may only be engaged on behalf of the University by the Office of General Counsel. Where the Office of General Counsel considers it is necessary to engage external lawyers it will consider the specific circumstances and make a recommendation of particular external lawyers based on an assessment of:

  1. the needs of the University;
  2. the expertise of the external lawyers and their knowledge and understanding of the University’s business and interests and capacity to provide the requisite legal services in the time available; and
  3. relevant cost considerations.

(6) The Office of General Counsel will be responsible for each of the following in relation to external lawyers:

  1. retaining and briefing them;
  2. negotiating and approving the terms of service (including fees);
  3. ongoing communications with the external lawyers;
  4. receiving and reviewing the legal services provided;
  5. liaising with relevant University staff; and
  6. paying invoices.

(7) The Office of General Counsel has an approved budget for the payment of external legal fees. In appropriate circumstances, such as major projects, reimbursement of fees may be sought from the specific area of the University seeking the advice.

(8) If external legal services are requested by the Vice-Chancellor or Council, or are considered by the Office of General Counsel to be of strategic or political importance, the Office of General Counsel will obtain the approval of the Vice-Chancellor (or nominee) prior to confirming instructions with the external lawyer.

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Section 6 - Definitions

(9) For the purpose of this Procedure:

  1. external lawyers: as defined in the Legal Services policy.
  2. legal services: as defined in the Legal Services policy.