Legal Services Panel

• Construction
• Major infrastructure projects
• PPPs and associated transactions
• Construction-related dispute resolution and arbitration

• Commercial and contractual matters
• Financial services
• Intellectual property
• Information technology
• Competition law
• Taxation law

• Complex property advice and transactions
• Routine/standard property advice and transactions
• Planning, environmental, heritage and natural resources
• Statutory land acquisition processes
• Crown land and local government

• Employment and industrial relations law
• Visiting practitioner contract and appointment disputes and appeals (Health only)
• NSW Police specific matters
• Work health and safety
• Discrimination

• Administrative, statutory interpretation and governance advice
• Statutory applications
• Enforcement, regulation and prosecution

• Liability litigation
• General litigation, dispute resolution and debt recovery
• Inquiries

• Document discovery
• Document production services
• Automation services
• Digital forensics

Contact a firm that is:

• recommended for the appropriate area of law for the legal services, or
• appointed to any area of law within the appropriate sub panel and can perform work on all areas of law on that sub panel.

View the 'list of suppliers' tab for a list of firms per sub panel and area of law.

The estimated value of the engagement (excluding GST) determines the number of quotes to seek:

• less than $250,000 excluding GST: at least one quote
• $250,000 excluding GST and above: at least 3 quotes.

Provide a scope of work to a firm to request an estimate. You'll find contact details for each firm in the 'list of suppliers' tab.

Formalise instructions to the firm using the legal services order form DOCX, 27.05 KB.

Agencies will seek estimates from panel firms as required. The panel rules PDF, 337.16 KB govern when agencies must seek competitive quotes. The process is covered in clauses 6 to 8 of the deed PDF, 695.05 KB.

Agencies will provide instructions using the legal services order form DOCX, 27.05 KB.

You should then provide agencies with an estimate or project outline, as requested. Pricing must be in line with the deed. Alternative pricing arrangements may be requested and will be a matter for agreement between the agency and panel firm.

If you have any questions about the engagement, please contact the person requesting the estimate or the agency contract manager.

You must actively manage and control costs when providing services under the panel. If the costs will exceed the estimate, you must notify the agency in writing before they reach 80% of the estimate.

Other obligations are set out in the deed PDF, 695.05 KB.

You must send a certificate of currency for workers compensation, public liability and professional indemnity insurances to the panel manager before submitting your first invoice.

If the insurance cover lapses, you must send an updated certificate before submitting the next invoice.

Agencies are unable to pay invoices unless current certificates of currency for insurances have been provided to the panel manager.

Index of reports

1. Monthly invoice report XLSX, 210.88 KB
2. Quarterly agency billing summary report XLSX, 2859.47 KB
3. Quarterly legal advice report XLSX, 51.32 KB
4. Quarterly volume discount report for all eligible billings to NSW Government panel XLSX, 109.26 KB
5. Annual counsel briefed report XLSX, 94.26 KB
6. Annual value adds report XLSX, 59.89 KB
7. Annual assurance of compliance report DOCX, 31.39 KB
8. Annual pro bono services XLSX, 33.51 KB
9. Annual social outcomes - Aboriginal procurement policy XLSX, 72.55 KB
10. Annual social outcomes - gender diversity XLSX, 77.36 KB
11. Annual social outcomes - SME and regional businesses report XLSX, 201.42 KB
12. Annual social outcomes - Australian disability enterprises report XLSX, 32.06 KB
13. Annual social outcomes - sustainability policy report XLSX, 150.35 KB

Guidance notes

• Guidance note 1 - NSWLSP agency billing summary PDF, 253.64 KB
• Guidance note 2 - NSWLSP volume discount - calculating, invoicing and reporting volume discounts
  PDF, 219.4 KB

Are there rules for using the panel?

Yes, the panel rules PDF, 337.16 KB apply to agencies using the panel but it is helpful for panel firms to understand them too. The panel rules also incorporate:

• the off-panel engagements guideline PDF, 230.23 KB
• the conflict management guideline PDF, 219.72 KB.

The panel rules explain how to purchase legal services from the panel, including what legal services are covered, thresholds for obtaining estimates (competitive quotes), conflict clearances and engaging firms outside the panel arrangements.

Do agencies have to use the panel?

Agencies are strongly encouraged to buy legal services from the panel.

The off-panel engagements guideline PDF, 230.23 KB explains when agencies can use law firms outside the panel arrangements.

Our firm was appointed to the previous panel (that expired on 30 June 2021). Can you please advise whether the NSW Government agency LEX ID, law firm ID, area of law ID in the dropdown list tab of the new quarterly billing summary report and the annual counsel briefed report for the new panel (that commenced on 1 July 2021) are the same?

No. The dropdown list tab in the new quarterly billing summary report and annual counsel briefed report have been updated with new LED IDs allocated for NSW Government agency name, law firm and area of law.

For firms that were appointed to the previous panel that expired on 30 June 2021, please use the updated template reports with the new LED IDs.

If a firm is recommended for one area of law under a sub panel, are they able to perform work across all areas of law under that sub panel?

Yes. For example, if a firm is recommended to perform work under sub panel 1(a) construction, they are able to perform work under all areas of law under sub panel 1(a) - 1(d).

For those matters which do not transition, could you please clarify what rates apply and whether the previous volume discount will continue to apply?

Where a matter does not transition to the new panel, previous panel rates will apply from 1 July 2021 to 30 June 2022. If the matter continues beyond 30 June 2022, then a CPI adjustment will apply. The matter will continue to attract the volume discount that applied under the previous panel arrangement until the matter has been completed.

Each agency is to consider their matters and advise firms on how the matter will transition from a billing and reporting perspective. The panel manager, has advised NSW Government agencies that they are required to provide a transition of matters scheduled to firms in this regard.

For matters which do transition, could you please clarify what rates apply and when the volume discount will apply?

Matters that transition from the previous panel (expired on 30 June 2021) to the new panel (commenced on 1 July 2021) will attract rates agreed as part of the recent tender process and new panel.

A volume discount will apply to the matter once your firm has reached the volume discount thresholds as per the deed.

The deed outlines:

• volume discount activation
• volume discount application
• volume discount exclusions
• volume discount thresholds
• volume discount calculation dates.

Volume discount calculation dates for the following billings:

• billings under the NSWLSP - 1 July 2021
• billings under the icare Legal Services Panel for personal injury - 1 January 2021
• billings under the icare Legal Services Panel for general lines - 1 January 2021
• Any other legal billings to NSW Government agencies whether forming part of a cluster, statutory corporation, state-owned corporation or other NSW Government business entity or local government body (including all panels, schemes and contracts) - 1 July 2021.

What is off-panel work?

Any work in a sub-panel for which a firm is not appointed to an area of law within the sub-panel is off-panel work.

However, the off-panel engagements guideline PDF, 230.23 KB explains that there are some exceptions, for example where work in an "off-panel" area of law is incidental to another piece of work.

Who manages the panel?

Transport for NSW is the panel manager on behalf of NSW Government.  Transport for NSW managed the procurement process which was overseen by a steering committee comprised of the general counsels of each cluster central agency.

Individual agencies are responsible for managing law firm engagements. You should contact the relevant agency contract manager XLSX, 3623.66 KB in the first instance.

Transport for NSW will report on panel expenditure biannually to the Procurement Board. Agencies are required to report off-panel expenditure to the panel manager biannually for provision to the Procurement Board.

How are conflicts of interest managed?

Panel firms should contact the agency contract manager for any conflict of interest or probity issues - see clause 22 of the deed  PDF, 695.05 KB and the conflict management guideline PDF, 219.72 KB.

Transport for NSW, as panel manager, will manage conflicts for TfNSW only and does not manage conflicts for all Government agencies.

How are responsibilities for the panel shared?

The service level agreement DOCX, 28.7 KB (annexure B to the deed) sets out the roles and responsibilities for managing the panel. See section 4 of the SLA.

Who do agencies contact about new instructions to a panel law firm – panel relationship partner or cluster relationship partner?

Agencies should contact the cluster relationship partner when briefing new instructions.

For NSW Health: should panel firms send monthly reports to local health district contacts directly or just the agency contract manager?

The default position is that both the agency contract manager and district/Health entity receive the monthly report – this can be altered via the legal services order at the time of engagement.

Do panel firms send invoices to the agency contract managers or the cluster general counsels by email or by post?

The legal services order should identify how invoices are to be issued.  Panel firms should confirm arrangements with agency contract managers.

What reports are required if we are only assigned to one sub-panel?

All reports require completion by all panel members irrespective of what sub panel you are appointed to.

Where do panel firms send monthly, quarterly and annual reports?

Confirm with the agency contract manager where monthly reports are to be issued.

Reports to the panel manager should be emailed to legal_reporting@transport.nsw.gov.au

Do all fields in the NSWLSP monthly, quarterly and annual reports require completion?

Reporting is a KPI. All fields in the reports require completion as per the report instructions and dropdown lists. Reports submitted with blank fields will be returned for completion.

What happens to billings if there is a joint matter instructed by 2 agencies to our firm and there is a request to split the billings 50%/50%?

Where there is a joint matter instructed to your firm by 2 agencies with 50% of billings being split to 2 agencies, please ensure that billings on the monthly report and quarterly report only reflects the respective agency billings.

For example, a joint matter between TfNSW and Health – the TfNSW billings should appear on the TfNSW monthly report and the Health billings should appear on the health monthly report.

These billings should also be reported on a separate line for each agency in the quarterly report.

What happens if an invoice is cancelled?

Where an invoice is cancelled in a month, the reversal or credit needs to be shown in the following month's report.

What happens if an invoice is reissued?

Where an invoice is reissued in a month, the new invoice needs to be shown in the following month's report.

What is included in monthly reports?

Monthly reports are to reflect the billing data for each invoice billed to the respective agency.

What is included in quarterly reports?

Quarterly reports are to reflect the billing data for the quarter for each respective agency.

The 3-month billing reports for the previous quarter need align with the billings in the quarterly billing report for the respective agency, that is 3 monthly billing reports for an agency should equal the billing data in the quarterly report for agency.

A compliance check should be performed before submitting to TfNSW as panel manager. Inaccurate reports will be returned.

We are one of the new firms appointed to the NSWLSP that commenced on 1 July 2021. Are we able to generate monthly and quarterly reports from our financial system and submit to you in excel in the same format as requested?

Yes, as long as the report information is presented in the same order as the template reports and all fields are completed.

Who should I contact about instructions and conflicts?

The panel manager is TfNSW but individual agencies will provide instructions directly to firms. Any questions about individual instructions should be directed to individual agencies. Any conflicts or probity matters are also to be managed directly with agency contract managers XLSX, 3623.66 KB in the individual agencies.

Where a tenant pays the government's /landlord's legal costs in a matter (for example, commercial property lease) will this be included as billings that will contribute to the volume discount threshold. Will the volume discount % saving be applied to such matters?

Services for which an invoice is issued in the agency's name and reimbursed by the tenant (to pay the government's costs) will be included in calculating and activating the threshold for a volume discount.

Once the volume discount threshold is reached, application of the volume discount should be applied

Services for which an invoice is issued in the tenant's name (where they are not a government agency or business entity, statutory corporation, state-owned corporation or local government body) in order to cover the government's costs will not be included in calculating and activating the threshold for a volume discount.

However, once the volume discount threshold is reached, a tenant will only be asked to pay the costs at the discounted rates.

Are law firms able to provide services and bill for resource levels other than those specified in the reports?

No, personnel working on matters must be in one of the following 8 categories:

1. partner
2. senior associate
3. special counsel
4. lawyer Y4-6
5. lawyer Y1-3
6. graduate
7. paralegal
8. licensed conveyancer.

The resource grade for consultants must be identified when they are put forward as nominated personnel at the commencement of a matter or during a matter.

How do panel law firms raise conflicts of interest?

Panel law firms will need to contact the agency cluster managers listed on the buy.nsw website. Each agency/cluster will have their own process on how conflicts will be managed.

Where should panel firms send CLE invitations for distribution to agencies within each cluster?

CLE invitations (with no cost) can be sent to nswlsc@justice.nsw.gov.au

These invitations will be circulated to in-house government lawyers across agencies/cluster.

CLE invitations (with cost) will not be endorsed or distributed to in-house government lawyers across agencies.

Agency/cluster-specific CLEs: Panel firms are encouraged to liaise directly with each agency contract manager.

Publications/bulletins/newsletters can be sent to agency contract managers for them to distribute as appropriate or to advise the process within the agency/cluster.

Under what circumstances will agencies be required to conduct a mini-tender/RFP under the NSWLSP or open tender?

Under the procurement framework it is open to an agency to undertake a competitive procurement process for any work.

However, the thresholds where a competitive process becomes mandatory, requiring at least 3 firms to tender under the panel rules are $200,000 excluding GST, apart from sub-panel 1 construction and area law 3 statutory land acquisition which are $400,000 excluding GST.

What billings contribute towards the Volume Discount Threshold (activation).

All billings to NSW Government (including all panels, schemes and contracts) will contribute to the volume discount threshold.

Exclusions:

The following fees and disbursements are excluded for the purpose of activating the volume discount threshold:

• core legal engagements with Crown Solicitor’s Office
• third party disbursements, but not related entity disbursements, and
• counsel fees.

The following fees and disbursements are excluded for the purpose of application of the volume discount amount once the it has been activated:

• third party disbursements, but not related entity disbursements
• fees that are fixed by legislation
• off panel engagements
• secondments
• counsel fees
• core legal engagements with Crown Solicitor’s Office
• previous panel engagements.

When an invoice is to be paid by a third party (example: leasing matters), are these invoices required to be included on the monthly reports?

Yes, these matters do need to be included in the monthly report. Please include 2 lines of billing information in the monthly report as follows:

• the first line entry will mirror the invoice billings
• the second line entry will indicate a credit against each of the cost types (such as professional fees, disbursement fees, counsel fees and GST)
• applying 2 lines to the monthly report should show a net balance of zero.

Invoices being issued to, and paid by a third party that is not a government agency or business entity, statutory corporation, state-owned corporation or local government body do not need to be captured on the quarterly report as these do not form part of the agency's costs which is what is reported across government.

When an invoice is being paid on settlement of a purchase/sale of a property, are these invoices required to be included on the monthly invoice report and quarterly agency billing summary report?

Yes, legal invoices that relate to when a NSW Government agencies/entity sells or purchases a property and legal costs are paid on settlement should be entered on the monthly invoice report and quarterly billings summary report, however, it should be noted somewhere on the reports that the "agency legal costs have already been paid at settlement".

Should local government council work be included in reporting?

Yes, all work performed by the panel firm for NSW Government agencies whether forming part of a cluster, statutory corporation, state-owned corporation or other NSW Government business entity or local government body (including local councils) needs to be included in NSWLSP quarterly and annual reporting to Transport for NSW, as panel manager.

Should a panel firm submit monthly reports if they have not yet been engaged by any NSW Government agency whether forming part of a cluster, statutory corporation, state-owned corporation or other NSW Government business entity or local government body (including local councils).

• Monthly reports are provided to agencies where invoices have been issued. The data on the monthly report must align to the invoices issued for the month.
• If you have not yet been engaged by agencies, then you don't have to provide any monthly reports (and you don't need to advise Transport for NSW, as panel manager, that there is a nil return).

A nil return is required in the following circumstances:

• If your firm has performed work for an agency in that financial year and that agency requests that a nil return be submitted, despite there being no invoices billed and issued for the month.
• When your firm is completing NSWLSP quarterly reports (due 7 October, 7 January, 7 April and 7 July each year) and annual reports (due 7 July each year) to TfNSW, as panel manager.

Who should I contact if I have any other questions?

Day to day enquiries should be made to individual agencies (through the instructing officer or to the agency contract manager XLSX, 3623.66 KB).

Panel related queries can be sent to the panel manager at melissa.sloane@transport.nsw.gov.au

Further information is available in the SLA which sets out performance assessment, key performance indicators, reporting and the roles and responsibilities for managing the panel,