Privacy Policy

Summary

In addition to being bound by obligations of confidentiality to our clients, Forbes Kirby is bound by the Australian Privacy Principles (APPs) under the Privacy Act 1988 (Cth) and other guidelines and rules made or approved by the Australian Information Commissioner from time to time.

We collect, hold, use and disclose personal information (including sensitive information) provided by our clients and others to provide legal services, and we are committed to ensuring the privacy of that information. We understand how important personal information is to our clients and we set out below our policy on its collection, use and disclosure.

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Collection of personal information

We only collect such personal information as is necessary to enable us to provide legal services to our clients. Circumstances in which we collect such information include:

taking instructions from clients to determine the type of legal services required;
when required by law;
when dealing with certain government agencies or departments;
when dealing with other parties to litigation, or a transaction, and/or their legal practitioners; and
when dealing with courts or tribunals.

Methods of collecting personal information

We collect personal information in client meetings, in writing, by telephone and email and through other methods of communication. We collect information from each client in the course of taking instructions to provide legal services.

From time to time it is necessary for us to collect personal information from third parties to ensure that we have sufficient and correct information to allow us to act. Examples of third parties from whom we may collect personal information include:

other parties to litigation, or a transaction, and/or their legal practitioners;
each client's agents and contractors, including banks and other financial institutions, finance brokers, stock brokers, insurance brokers, insurance companies, builders, settlement agents, financial advisers and accountants;
statutory bodies such as Landgate, ASIC and other government agencies; and
credit reference agencies and other information providing agencies.

Any personal information we collect from such sources will be used only in accordance with this policy.

Purpose of collecting personal information

We use the personal information we collect to enable us to provide appropriate legal services to our clients, and to enable us to comply with our statutory obligations and those of our clients. When we collect personal information we will take reasonable steps to ensure that each person from whom the information is collected is aware:

of our full contact details;
that they may access the personal information we have collected;
of the purpose for which the information was collected;
the types of third parties to whom we will normally disclose or transfer personal information;
of any legal requirement on our part to collect the personal information; and
of the possible consequences of us not disclosing personal information when required to do so by law.

Use and disclosure of personal information

We will not use or disclose personal information for a purpose other than that for which it was collected unless it is:

a purpose which the person who provided the information would reasonably expect;
a purpose required or permitted by law; or
a purpose for which we have obtained the consent of the person who provided the information.

We will not provide your personal information to any other organisation for the purpose of marketing, but we may use that information to let you know about events such as seminars, networking, social and charity events conducted or sponsored by Forbes Kirby. If at any stage you do not wish to receive such information and you contact us in writing to advise us of your wishes, we will remove your information from our marketing list.

Accessing and correcting personal information

If you ask (in writing directed to our Chief of Staff) in most cases, we must give you access to the personal information we hold about you and take reasonable steps to correct it if we consider it is incorrect. We will endeavour to provide you with access to or take reasonable steps to correct such information as you request within a 10-day period.

The circumstances in which we may not allow you to access personal information include where:

the information relates to legal proceedings between Forbes Kirby and you;
disclosure would have an unreasonable impact on the privacy of others;
the information would reveal commercially sensitive decision making processes;
providing such access would prejudice certain investigations; and
we are required by law not to disclose the information.

Change in our privacy policy

If at any stage in the future we change our privacy policy, this document will be updated and republished on the Forbes Kirby website.

We are committed to protecting the privacy of the personal information held and collected by Forbes Kirby, and if you are dissatisfied with either the manner of collection or the use of such personal information, please contact our Chief of Staff to discuss the matter.

Questions about this?

If you have any questions about this privacy policy or how we handle your personal information, please don't hesitate to get in touch with our team. We're happy to help clarify anything you need.