Privacy Policy

01. ABOUT THIS POLICY

This Privacy Policy sets out how Tatchell Legal (we, us, our) collects, uses, discloses, and protects your personal and sensitive information. As a provider of Wills and Estates legal services, we are committed to safeguarding your privacy in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). 

By using our digital intake forms, website, or engaging our legal services, you consent to the collection and handling of your data as described in this policy. 

02. THE KINDS OF INFORMATION WE COLLECT

Due to the nature of estate planning and estate administration, we collect extensive and detailed personal information. This includes, but is not limited to:

  • Identity Data: Full names, dates of birth, gender, relationship status, and government-issued identification (e.g., driver's licences, passports) to satisfy identity verification obligations.

  • Contact Data: Residential addresses, postal addresses, email addresses, and phone numbers.

  • Financial Data: Detailed records of your assets, liabilities, bank accounts, superannuation, insurance policies, share portfolios, and business structures.

  • AML Data: Our obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (AML) may require us to collect information about clients, beneficial owners and the nature and purpose of legal services, including information about identification, beneficial ownership, source of funds or wealth;

  • Family and Relational Data: Information regarding spouses, former spouses, children, dependants, stepchildren, and potential beneficiaries, including details of family dynamics necessary to advise on potential estate challenges.

  • Sensitive Information: Where relevant to your estate planning or the execution of an Enduring Power of Attorney or Advanced Care Directive, we may collect sensitive health information, medical reports, or indicators of mental capacity. 

03. HOW WE COLLECT YOUR DATA

We collect personal information primarily from you through our digital onboarding systems. This occurs when you complete our initial digital intake forms, which are powered by or integrated with our cloud practice management platform, Smokeball. We may also collect data during face-to-face consultations, phone calls, emails, or via third parties (such as your financial planner, accountant, or medical practitioner) where you have authorised us to do so. 

04. PURPOSES OF COLLECTION, HOLDING, AND USE

We collect and use your data strictly to perform our legal services and run our practice, specifically to:

  • Assess your legal requirements and provide tailored Wills and Estates legal advice.

  • Draft legal documents, including Wills, Enduring Powers of Attorney, Enduring Powers of Guardianship and court documents for Probate or Letters of Administration.

  • Conduct mandatory conflict-of-interest checks.

  • Comply with our obligations under the AML. 

  • Verify your identity in line with professional legal standards.

  • Manage your client file and administer billing. 

05. DATA STORAGE, SECURITY, AND CLOUD INFRASTRUCTURE

The security of your personal data is paramount. Your information is held securely within our electronic systems and our legal practice management software, Smokeball and physical storage assets. 

Please note the following regarding your data storage:

  • Cloud Infrastructure: Your data is predominantly synchronised and stored securely on cloud servers hosted within Australia by Smokeball and on global cloud servers hosted primarily in the United States and Europe by Google. All of these servers use an information security risk management framework certified in alignment with top-tier global compliance frameworks and standards which incorporate multiple layers of comprehensive security controls. 

  • Technical Security: Data is protected using industry-standard security measures, including encryption both in transit (when you submit the intake form) and at rest (while stored in our system), firewall protections, and strict user access controls.

  • Physical Storage: Original executed legal documents—including Wills, are retained physically on our premises. These critical documents are housed inside a fireproof safe located within a restricted-access repository room. 

While we take all reasonable steps to secure your data, no digital transmission or storage system can be guaranteed 100% secure. 

06. DISCLOSURE OF YOUR INFORMATION

We only disclose your personal information for the primary purpose for which it was collected, or for directly related secondary purposes. Recipients may include:

  • Barristers, expert witnesses, or medical professionals engaged to assist with your matter.

  • Courts, tribunals, and registries (such as the Supreme Court for Probate applications or Land Registry offices for property transfers)

  • Third-party IT providers, including Smokeball, who provide the secure infrastructure necessary to run our legal practice.

  • Any other party where you have provided explicit, written consent. 

We do not sell, rent, or trade your personal information to third parties for marketing purposes. We do not routinely disclose data to overseas recipients; however, if your matter requires international asset disclosure, we will seek your specific consent first. 

07. ACCESSING AND CORRECTING YOUR DATA

You have a right to request access to the personal information we hold about you and to request corrections if you believe it is inaccurate, out of date, or incomplete. To make a request, please contact our Privacy Officer using the details provided below. We will process your request within a reasonable timeframe, subject to any legal exemptions or professional privilege limitations. 

08. COMPLAINTS AND CONTACT DETAILS

If you have any questions, concerns, or complaints about how we have handled your personal information, please contact us directly: 

Privacy Officer: Laura Tatchell
Law Firm Name: Tatchell Legal
Email Address: laura@tatchell.au


If you are unsatisfied with our response, you have the right to lodge a formal complaint with the Office of the Australian Information Commissioner (OAIC) at www.oaic.gov.au