This policy explains what personal information Beneke Legal Pty Ltd (ABN 16 656 138 313) collects, why we collect it, who we share it with and how long we keep it. It covers our website, enquiries to us, our work for clients and our client portal.

We are a small business, so most of what we do is not covered by the Privacy Act 1988 (Cth). We follow this policy anyway. As solicitors, we also owe every client a duty of confidentiality, and that duty applies whether or not the Privacy Act does.

The exception is information we collect to meet our obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), such as checking your identity for a conveyancing matter. The Privacy Act applies to that information, and you can complain to the Office of the Australian Information Commissioner about how we handle it.

What we collect

When you contact us, we collect your name, contact details, the type of matter and anything you choose to tell us. When we act for you, we collect what your matter needs: your identity and contact details, and information about your matter, which in family law often includes information about your children, relationships, health and finances. We also keep billing and payment records.

Most matters involve information about other people, such as the other party, children or witnesses. We collect it only because your matter needs it, and we protect it in the same way as yours.

We collect information from you directly: by phone, by email, through our enquiry form, in person and through our client portal. In the course of your matter we also receive information from others, such as the other party's lawyers, courts and government agencies.

Our website

Our website does not use analytics or advertising cookies. Our web host, Netlify, keeps standard technical logs, such as the IP address a visit came from. The map on our contact page is provided by Google, which may collect information under its own privacy policy.

How we use it

We use your information to reply to you, check for conflicts of interest, act for you, bill for our work and meet our legal and professional obligations. We do not sell it or use it for marketing.

Who we share it with

We share information only as your matter needs: with barristers we brief for you, process servers who serve documents, courts, and the other party or their lawyers. If your matter uses JustFund or a grant of Legal Aid, we share what JustFund or Legal Aid NSW needs. We also disclose information where the law requires it.

We use a small number of software providers to run the practice.

Some of our providers store or process information outside Australia, mainly in the United States.

How long we keep it

We keep client files, including anything from our client portal, for seven years after your matter ends, as we are required to, and then destroy them securely.

Seeing and correcting your information

You can ask to see, or to correct, the identity information we hold to meet our anti-money-laundering obligations. Contact us using the details below.

Questions and complaints

For a question or complaint about your information, contact Dylan Beneke, Principal Solicitor, or the firm at admin@benekelegal.com.au, on (02) 8551 8558 or at PO Box 1339, Grafton NSW 2460. We will endeavour to reply within 30 days.

Our client portal

Our client portal is a private website where clients are able to provide documents and instructions securely to our firm. You can use it only if we invite you.

The portal holds your name and email address, the instructions you give, the files you upload, your solicitor's questions and your answers, and a record of when each was saved.

We keep your words exactly as you wrote them. If you correct something, the correction is added and the original stays on your file.

Your solicitor reviews what information or documents you provide through the portal. Nothing from the portal goes to a court or to another party unless a solicitor at Beneke Legal has approved it.

Your portal information is stored in Sydney. Data processing is not guaranteed to stay in Australia.

You, the solicitors assigned to your matter and the people at the firm who manage portal access can see your portal information.

Signing in needs your password and a six-digit code from an authenticator app on your phone. Never share either with anyone, including us.

This portal is not monitored. Your solicitor sees what you record here when they next open the matter.

If you would rather not use the portal, tell us and we will take your instructions another way.

Changes to this policy

We may update this policy. The current version is always at benekelegal.com.au/privacy, with the date it last changed.