Terms of Service

Last updated: March 2026

1. Definitions and Interpretation

In these Terms of Service:

• "AEWS", "we", "us", or "our" means Stewarts Innovations Pty Ltd (ABN 44 129 922 308), trading as Animal Expert Witness Service, of 309 Army Road, Pakenham, Victoria 3810.
• "Client", "you", or "your" means any person, firm, company, organisation, or entity that instructs, engages, or requests services from AEWS, including any solicitor, insurer, government body, or individual acting on behalf of a party.
• "Services" means all expert witness services, reports, assessments, consultations, training, presentations, court appearances, file reviews, telephone conferences, travel, and any other work or advice provided by AEWS or any expert engaged through AEWS.
• "Expert" means any expert witness, consultant, or specialist engaged by or through AEWS to provide Services.
• "Engagement" means any instruction, request, or agreement (whether written, verbal, electronic, or implied by conduct) for the provision of Services.
• "Fee Schedule" means the schedule of fees and charges as notified by AEWS from time to time, whether in a quote, engagement letter, on the AEWS website, or otherwise.

2. Acceptance of Terms

These Terms of Service apply to all Services provided by AEWS. By doing any of the following, the Client agrees to be bound by these Terms in their entirety:

• Instructing AEWS or any Expert verbally, in writing, or electronically;
• Submitting a brief, enquiry, or request for services through any channel;
• Accepting, receiving, or relying upon any report, advice, or work product;
• Making any payment to AEWS;
• Continuing to use Services after being notified of these Terms.

It is not necessary for the Client to sign any document for these Terms to be binding. These Terms supersede all prior agreements, representations, and understandings between the parties relating to the Services unless expressly stated otherwise in writing signed by a director of AEWS.

3. Provision of Services

3.1 Scope of Services

AEWS will endeavour to provide Services as described in any engagement letter, quote, or agreement. The scope and nature of Services may be varied by AEWS at any time where AEWS reasonably considers it necessary in the interests of providing accurate, thorough, and professional expert evidence or advice.

3.2 Expert Selection

AEWS will use reasonable efforts to assign an appropriate Expert to each engagement. However, AEWS reserves the sole and absolute discretion to select, replace, or reassign Experts at any time without notice. The Client acknowledges that AEWS does not guarantee the availability of any particular Expert.

3.3 Timeframes

Any timeframes or estimated delivery dates provided by AEWS are indicative only and do not constitute a binding obligation. AEWS will use reasonable efforts to meet agreed timeframes but shall not be liable for any delay howsoever caused, including delays caused by the complexity of the matter, court schedules, Expert availability, or the Client's failure to provide timely instructions or materials.

3.4 Right to Decline or Cease Services

AEWS reserves the right to decline any Engagement or cease providing Services at any time, in its absolute discretion, including (without limitation) where:

• A conflict of interest exists or may arise;
• The Client has failed to pay any invoice when due;
• AEWS reasonably considers that continuing the Engagement would compromise the integrity, independence, or professional standing of AEWS or any Expert;
• The Client has breached any of these Terms.

Cessation of Services does not relieve the Client of any obligation to pay for Services already provided or costs already incurred.

4. Fees and Payment

4.1 Fees

All Services are charged in accordance with the Fee Schedule current at the time the Services are provided. AEWS reserves the right to vary its Fee Schedule at any time by providing notice to the Client. Fees may include (without limitation):

• Hourly rates for Expert time (including research, analysis, and report writing);
• Fixed fees for specific deliverables;
• Court attendance fees (including waiting time at full hourly rate);
• Travel time and expenses (at the Expert's applicable hourly rate);
• Accommodation, airfares, and other disbursements at cost plus 15% administration;
• Cancellation and rescheduling fees;
• Urgent or expedited service surcharges;
• AEWS coordination and administration fees.

4.2 GST

All fees quoted are exclusive of Goods and Services Tax (GST) unless expressly stated otherwise. GST will be added to all invoices in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

4.3 Payment Terms

Unless otherwise agreed in writing by a director of AEWS, all invoices are payable within fourteen (14) days of the date of invoice. Payment must be made in full without any set-off, deduction, counterclaim, or withholding whatsoever.

4.4 Advance Payments and Retainers

AEWS may require payment of a retainer or advance payment before commencing or continuing Services. Retainers are non-refundable to the extent that Services have been provided or costs incurred. AEWS may require additional retainers at any time during an Engagement and may suspend Services until payment is received.

4.5 Court Attendance and Cancellation Fees

Where an Expert is scheduled for court attendance, the Client is liable for the full court attendance fee for each day the Expert is reserved, regardless of whether the Expert is ultimately required to give evidence. If a court date is cancelled or rescheduled:

• More than 10 business days' notice: 25% of the scheduled court attendance fee;
• 5–10 business days' notice: 50% of the scheduled court attendance fee;
• Less than 5 business days' notice: 100% of the scheduled court attendance fee.

5. Late Payment, Interest, and Recovery Costs

5.1 Interest on Overdue Amounts

If any invoice is not paid in full by the due date, interest shall accrue on the unpaid amount at the rate of 1.25% per month (15% per annum), or the rate fixed from time to time under the Penalty Interest Rates Act 1983 (Vic), whichever is the greater. Interest accrues daily from the due date until the date of payment in full, and compounds monthly.

5.2 Late Payment Administration Fee

In addition to interest, the Client shall pay an administration fee of $55.00 (inclusive of GST) for each overdue notice or payment reminder issued by AEWS. This fee represents a genuine pre-estimate of the administrative cost to AEWS of issuing overdue notices, including staff time, system administration, and correspondence.

5.3 Recovery Costs

The Client agrees to pay all costs, expenses, and disbursements (including without limitation) incurred by AEWS in recovering or attempting to recover any overdue amounts, including:

• All legal costs and expenses on a full indemnity basis (solicitor-client costs), including but not limited to solicitor fees, counsel fees, and all disbursements;
• All fees and commissions charged by any debt collection agency;
• All internal administrative costs of AEWS incurred in pursuing the debt, charged at the rate of $150 per hour;
• Credit reporting and credit check fees;
• All court filing fees, service fees, enforcement fees, and other litigation costs;
• Travel costs incurred in connection with recovery proceedings;
• Costs of obtaining legal advice in relation to the recovery of the debt.

5.4 Suspension of Services

Without prejudice to any other right or remedy, AEWS may immediately suspend all Services (including withholding delivery of reports, ceasing work on current matters, and declining to make Experts available for court attendance) if any invoice remains unpaid after the due date. AEWS shall not be liable for any loss, damage, or consequence arising from such suspension. Services will not resume until all outstanding amounts (including interest and fees) are paid in full.

5.5 Right of Lien

AEWS retains a general lien over all reports, documents, files, and work product in its possession or control until all fees, interest, and charges owing by the Client are paid in full. The Client acknowledges and agrees that AEWS is not obliged to release any report or work product until payment is received.

6. Intellectual Property

All reports, assessments, opinions, presentations, training materials, and other work product prepared by AEWS or any Expert ("Work Product") remain the intellectual property of Stewarts Innovations Pty Ltd at all times. Upon payment of all fees in full, the Client is granted a non-exclusive, non-transferable licence to use the Work Product solely for the purpose of the matter for which it was prepared. The Client must not:

• Reproduce, distribute, publish, or make available the Work Product to any third party without the prior written consent of AEWS (except as required by law, court order, or for the purposes of legal proceedings for which the Work Product was prepared);
• Modify, adapt, or create derivative works from the Work Product;
• Use the Work Product for any purpose other than the matter for which it was prepared;
• Remove or alter any proprietary notices, watermarks, or attributions on the Work Product.

7. Limitation of Liability

7.1 Maximum Liability

To the maximum extent permitted by law, the total aggregate liability of AEWS and any Expert to the Client for all claims arising out of or in connection with any Engagement (whether in contract, tort, negligence, statutory duty, or otherwise) shall not exceed the total fees actually paid by the Client to AEWS in respect of that specific Engagement.

7.2 Exclusion of Consequential Loss

To the maximum extent permitted by law, AEWS and any Expert shall not be liable for any:

• Indirect, consequential, special, punitive, or exemplary damages;
• Loss of profit, revenue, business, opportunity, or anticipated savings;
• Loss arising from any court decision or legal outcome;
• Damage to reputation or goodwill;
• Loss arising from delay in the provision of Services;
• Loss arising from the Client's reliance on any preliminary opinion, informal advice, or verbal communication;
• Loss arising from circumstances beyond the reasonable control of AEWS.

7.3 No Guarantee of Outcome

The Client acknowledges and agrees that AEWS does not guarantee any particular outcome, result, or finding. Expert opinions are professional assessments based on the information and materials available and may differ from the opinions of other experts. An Expert's duty is to the court and not to the party engaging the Expert. The Client accepts that an Expert's opinion may not support the Client's case.

7.4 Third Party Reliance

Reports and advice are prepared solely for the Client and the specific matter identified in the Engagement. AEWS accepts no liability to any third party who relies on any Work Product, whether or not AEWS is aware of such reliance.

8. Indemnity

The Client indemnifies and holds harmless AEWS, its directors, officers, employees, contractors, and Experts from and against all claims, demands, actions, liabilities, losses, damages, costs, and expenses (including legal costs on a full indemnity basis) arising out of or in connection with:

• Any breach of these Terms by the Client;
• Any inaccurate, incomplete, or misleading information or materials provided by or on behalf of the Client;
• Any claim by a third party arising from the Client's use of or reliance on the Services or Work Product;
• Any act or omission of the Client that causes loss or damage to AEWS or any Expert;
• Any subpoena, notice to produce, discovery order, or other compulsory process served on AEWS or any Expert in connection with the Client's matter, including all costs of compliance and legal representation.

9. Client Obligations

The Client must:

• Provide complete, accurate, and timely instructions, information, and materials as reasonably requested by AEWS;
• Cooperate with AEWS and any Expert in the provision of Services;
• Notify AEWS promptly of any change in circumstances relevant to the Engagement, including any settlement, discontinuance, adjournment, or change of hearing date;
• Ensure that all persons engaged by the Client treat AEWS and its Experts with professional courtesy and respect;
• Not directly contact or engage any Expert introduced by AEWS except through AEWS, during the Engagement and for a period of 12 months after its conclusion;
• Not use or attempt to use any Services or Work Product in a manner that is unlawful, fraudulent, or misleading.

10. Non-Solicitation of Experts

The Client must not, without the prior written consent of AEWS, directly or indirectly solicit, engage, or contract with any Expert introduced by AEWS, whether for the same or any other matter, during the period of the Engagement and for a period of twelve (12) months after the conclusion of the Engagement. If the Client breaches this clause, the Client shall pay to AEWS a referral fee equal to 25% of all fees paid or payable to the Expert for any work performed outside AEWS, which the parties agree represents a genuine pre-estimate of the loss suffered by AEWS in sourcing, vetting, and managing the Expert relationship.

11. Confidentiality

Each party shall keep confidential all information provided by or on behalf of the other party in connection with the Engagement, except to the extent that disclosure is:

• Required by law, regulation, court order, or professional obligation;
• Necessary for the proper conduct of legal proceedings;
• Made with the prior written consent of the other party;
• Made to professional advisors under a duty of confidence.

The Client acknowledges that AEWS may be required to retain records of Engagements for professional, legal, and regulatory purposes and that such retention does not constitute a breach of any confidentiality obligation.

12. Cancellation by Client

The Client may cancel an Engagement by providing written notice to AEWS. Upon cancellation, the Client remains liable for:

• All fees for Services already provided up to the date of cancellation;
• All disbursements and expenses already incurred or committed;
• Court attendance cancellation fees as set out in clause 4.5;
• A cancellation administration fee of $220 (inclusive of GST) per Engagement cancelled;
• Any costs incurred by AEWS in connection with winding down the Engagement.

13. Force Majeure

AEWS shall not be liable for any failure or delay in providing Services to the extent that such failure or delay is caused by circumstances beyond the reasonable control of AEWS, including (without limitation) natural disaster, pandemic, epidemic, government order, industrial action, communication or power failure, or the illness or incapacity of an Expert.

14. Dispute Resolution

Any dispute arising out of or in connection with these Terms or any Engagement must first be notified in writing to the other party. The parties must use reasonable endeavours to resolve the dispute by negotiation within 14 days. If the dispute is not resolved within 28 days of notification, either party may commence legal proceedings. Nothing in this clause prevents AEWS from commencing proceedings for the recovery of unpaid fees at any time without first undertaking dispute resolution.

15. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Victoria, Australia. The parties irrevocably submit to the exclusive jurisdiction of the courts of Victoria and any courts of appeal therefrom. The Client agrees to pay all costs of AEWS (including legal costs on a full indemnity basis) in connection with any proceedings in which AEWS is substantially successful.

16. Amendments

AEWS may amend these Terms at any time by publishing the amended Terms on the AEWS website. The amended Terms apply to all Engagements entered into after the date of publication and, to the extent permitted by law, to existing Engagements. It is the Client's responsibility to review these Terms periodically. Continued use of Services after publication of amended Terms constitutes acceptance of the amended Terms.

17. Severability

If any provision of these Terms is found to be invalid, void, or unenforceable by any court of competent jurisdiction, that provision shall be severed and the remaining provisions shall continue in full force and effect. Where a provision is found to be unenforceable but would be enforceable if modified, it shall be deemed modified to the minimum extent necessary to make it enforceable.

18. Waiver

No failure or delay by AEWS in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof. A single or partial exercise of any right shall not preclude any further exercise of that or any other right. Any waiver must be in writing and signed by a director of AEWS to be effective.

19. Entire Agreement

These Terms, together with any engagement letter, quote, or fee schedule issued by AEWS, constitute the entire agreement between the parties in relation to the Services. In the event of any inconsistency, these Terms prevail unless the inconsistent provision is contained in a document signed by a director of AEWS that expressly states it overrides these Terms.

20. Contact

For any questions about these Terms of Service, please contact:

• Stewarts Innovations Pty Ltd (trading as Animal Expert Witness Service)
• ABN: 44 129 922 308
• Phone: 1300 732 022
• Email: animalexpertwitness@gmail.com
• Address: 309 Army Road, Pakenham VIC 3810