No Win No Fee Costs Agreement

Important Warning:

The client should carefully read the Letter of Offer and Disclosure Notice and ensure that it is understood before entering into the Costs Agreement with Worker’s Rights Legal Service. The client has been advised of their right to seek independent legal advice before entering into the Costs Agreement with Worker’s Rights Legal Service. If the client enters into the Costs Agreement, they have a cooling off period of 5 clear business days after Worker’s Rights Legal Service has received the signed Agreement. The client may terminate the Costs Agreement by giving written notice to Worker’s Rights Legal Service during this period.

BETWEEN WORKER’S RIGHTS LEGAL SERVICE (ABN 35 943 892 194)

(“Worker’s Rights Legal Service”)
of Level 2, 1 Breakfast Creek Road, Newstead in the State of Queensland

AND Chris Botleng

(“The client”)
26 Basalt Street, Mareeba in the State of Queensland

Legal Fees – The Client’s Rights

1
This Agreement is entered into by way of the client appointing Worker’s Rights Legal Service to act on the client’s behalf as solicitor.
2
Prior to entering this Agreement, the client was informed of their right to seek independent legal advice.
3
The client acknowledges that prior to entering into this Agreement:

1
The client was advised of the matters in clause 1.2 above.
2
The client received the Letter of Offer and read the Disclosure Notice attached hereto.
3
The client was not induced or solicited by Worker’s Rights Legal Service to make the claim for damages the subject of the Agreement.

THE RETAINER

The client retains Worker’s Rights Legal Service to act on the client’s behalf to recover damages for personal injuries suffered in a workplace accident which occurred on the 31^st of March 2022

WORKER’S RIGHTS LEGAL SERVICE’S PROMISE TO THE CLIENT

1
During the claim, Worker’s Rights Legal Service will:

1
Regularly keep the client informed of progress;
2
Engage in a free monthly video call with the client (at the client’s request);
3
Use best endeavours to return the client’s telephone calls or reply to the client’s emails within 24 hours;
4
Engage fully with WorkCover on your behalf (at the client’s request);
5
Explain fully the reason for various medical reports;
6
Explain any changes of staff affecting the claim;
7
Employ Worker’s Rights Legal Service’s best efforts to achieve the best possible outcome for the client;
8
Engage in file reviews from time to time by overseeing solicitors to ensure the efficient conduct of the

2
At the conclusion of the claim, Worker’s Rights Legal Service shall:

1
Write confirming the conclusion of it;
2
Provide a full financial accounting history to the client.

HOW THE CLIENT SHOULD HELP WORKER’S RIGHTS LEGAL SERVICE

1
The client should help Worker’s Rights Legal Service get the best possible outcome for the claim by:

1
Giving Worker’s Rights Legal Service timely, accurate and proper instructions;
2
Promptly providing Worker’s Rights Legal Service with all documents Worker’s Rights Legal Service requests;
3
Advising Worker’s Rights Legal Service if and when the client has changed contact details including current home address, email address, home or mobile number and emergency contact number and inform Worker’s Rights Legal Service of an address for correspondence if it differs from the client’s home address;
4
Making sure that the client and Worker’s Rights Legal Service have understood each other correctly. Ask Worker’s Rights Legal Service if the client is not sure about anything;
5
Dealing with any important questions that arise promptly;
6
Demonstrating a commitment to progressing the claim by cooperating fully with Worker’s Rights Legal Service at all times.

LEGAL COSTS

1
Payment of Legal Costs

1
The client agrees to pay Worker’s Rights Legal Service for the work carried out.
2
The client authorises Worker’s Rights Legal Service to incur disbursements and engage
service providers that Worker’s Rights Legal Service considers necessary for carrying out the work.

1
The client may choose to fund the disbursements that need to be incurred in
order to progress the claim themselves. If the client is unwilling or unable to fund the disbursements themselves, Worker’s Rights Legal Service may fund the costs or use an outlay funding provider. Refer to clause 9 for more information.

2
Legal Costs Associated with Stage 1 of the Claim (clause 4.2 Disclosure Notice)

1
The disbursements incurred in the work related to Stage 1 of the claim are payable in any event (irrespective of the outcome) and become immediately payable at the time a Notice of Assessment is issued or a rejection of the claim or a decision involved in the Review or Appeal process is received (whichever is earlier).
2
If the client’s application for workers’ compensation is rejected then the client will not be obliged to pay any fees for work related to Stage 1 of the claim.
3
If a Notice of Assessment is issued and the client accepts the accompanying (or any later) offer of compensation then fees will be payable but will be limited by the same 50/50 rule noted at clause 5.6 of the Disclosure Notice.
4
Worker’s Rights Legal Service will charge the client professional fees capped at 20% of the total lump sum offer in the Notice of Assessment(s).
5
If the client elects to proceed with a common law claim (Stage 2) then the legal costs associated with Stage 1 of the claim will be payable upon the successful outcome of the matter.
6
Legal costs are immediately payable (irrespective of any clause to the contrary elsewhere in this document) if the Costs Agreement is terminated by any party, for any reason.

3
Speculative Nature of Agreement for Stage 2 of the Claim (clause 4.2 Disclosure Notice)

1
In spite of clause 5.1 the client is not obliged to pay any legal costs for Stage 2 of the claim unless there has been a successful outcome of the matter (unless there has been a termination of the Costs Agreement).
2
Legal costs are immediately payable (irrespective of any clause to the contrary elsewhere in this document) if the Costs Agreement is terminated by any party, for any reason and irrespective of whether or not there has been a successful outcome of the matter.

CONDITIONAL COSTS AGREEMENT

1
Worker’s Rights Legal Service will charge the client professional fees, office charges, expenses and disbursements, and an uplift fee on a conditional fee arrangement, that is, upon the successful outcome of this matter, subject to the provisions contained in clause 11 of this Costs Agreement. The circumstances that constitute a ‘successful outcome’ are set out in clause 5.3 of the Disclosure Notice.
2
If there is a successful outcome, Worker’s Rights Legal Service will render a bill to the client. Refer to clause 6 of the Disclosure notice for information about billings.
3
Worker’s Rights Legal Service may also render a bill to the client if the agreement is terminated.
4
If the client terminates the Costs Agreement, Worker’s Rights Legal Service will still be entitled to charge the client for legal costs incurred pursuant to the client’s instructions and with the client’s knowledge before the termination but nothing more (clause 5.2 of the Disclosure Notice)
5
The client consents to receiving a bill from Worker’s Rights Legal Service by email or fax if an email address or fax number has been provided to Worker’s Rights Legal Service.
6
By taking on the claim on a no win no fee basis:

1
Worker’s Rights Legal Service puts Worker’s Rights Legal Service’s resources at risk on the client’s behalf; and
2
Worker’s Rights Legal Service expects that the client will demonstrate a commitment to achieve a successful outcome of the claim by cooperating fully in the conduct of the claim and by complying promptly with all lawful requests for information which Worker’s Rights Legal Service deem relevant to the conduct of the claim.

7
Unless Worker’s Rights Legal Service is satisfied with the level of commitment demonstrated by the client, Worker’s Rights Legal Service may cease to act for the client, in which case the client will be liable for Worker’s Rights Legal Service’s professional fees, disbursements and office charges up to the date of termination.

COSTS ASSESSMENT

1
At the discretion of Worker’s Rights Legal Service legal costs will be determined by an independent legal costs consultant in accordance with the document entitled “Scale of Professional Fees” (Schedule 1 of the Disclosure Notice).
2
The independent costs consultant will prepare a short form assessment of costs, and the cost of the assessment will be charged to and payable by the client as a disbursement.
3
The client has the right to elect not to have the legal costs assessed by an independent legal costs consultant. If the client elects not to have the legal costs assessed by an independent legal costs consultant, Worker’s Rights Legal Service require instructions from the client to that effect in writing.

IF THIS CLAIM PROCEEDS TO COURT

1
Refer to clauses 10 and 11 of the Disclosure Notice.

INTEREST ON PAID DISBURSEMENTS

1
To fund the expenses and disbursements in the claim, Worker’s Rights Legal Service may either fund those costs for the client or use an outlay funding provider. The outlay funding provider or Worker’s Rights Legal Service will charge an amount to cover all fees and interest relating to the amount loaned to pay for the expenses and disbursements. A copy of the relevant funding agreement is available to the client upon written request.\
2
The client agrees to pay Worker’s Rights Legal Service, the Worker’s Rights Legal Service interest charge or the outlay funding provider’s charge on any expenses and disbursements or outlays paid by the outlay funding provider or Worker’s Rights Legal Service on the client’s behalf as calculated by them at the time of settlement (clause 6.7 of the Disclosure Notice).
3
The client has the right to elect not to have their expenses and disbursements paid in the manner described above. If the client elects not to have their expenses and disbursements paid using an outlay funding provider, Worker’s Rights Legal Service requires instructions from the client in writing. In that event, Worker’s Rights Legal Service will discuss with the client how the expenses and disbursements will need to be paid.

PAYMENT FROM TRUST – THE CLIENT’S AUTHORITY

1
The client agrees, authorises and directs Worker’s Rights Legal Service to make payment or transfer funds held in trust on the client’s behalf in this matter or any other matter in payment, in accordance with the Legal Profession Act 2007 (Qld) and the Legal Profession Regulation 2017 (Qld) of:

1
Any office charges, expenses and disbursements incurred by Worker’s Rights Legal Service at Worker’s Rights Legal Service’s discretion; and
2
Worker’s Rights Legal Service’s account for professional fees in accordance with the provisions of the Costs Agreement.
3
Worker’s Rights Legal Service may ask the client to transfer money into Worker’s Rights Legal Service’s trust account for anticipated Disbursements. If the client does not pay the money when requested, Worker’s Rights Legal Service may (in addition to the rights under clause 11) cease work on the claim until the client has paid. Worker’s Rights Legal Service is not liable to the client for any loss, damage or expense the client incurs due to the cessation of work.

TERMINATION OF THIS COSTS AGREEMENT

1
The client may terminate the Costs Agreement and withdraw the client’s instructions at any time
for any reason but will be required to immediately pay legal costs to Worker’s Rights Legal Service as calculated under and in accordance with the Costs Agreement.
2
Worker’s Rights Legal Service may terminate the Costs Agreement and cease to act for the client
for any lawful cause or if the client:

1
Breaches the Costs Agreement;
2
Requires Worker’s Rights Legal Service to act unlawfully or unethically;
3
Fails to give Worker’s Rights Legal Service adequate instructions;
4
Fails to cooperate with Worker’s Rights Legal Service; e.g. repeated failure to attend medical examinations or persistent failure to provide information requested by Worker’s Rights Legal Service;
5
Indicates that they have lost confidence in Worker’s Rights Legal Service or demonstrates to Worker’s Rights Legal Service a negative attitude to the claim causing Worker’s Rights Legal Service to lose confidence in the client to see the claim through;
6
Loses legal capacity;
7
Fails to keep Worker’s Rights Legal Service advised of their current residential, postal and email addresses and telephone numbers;
8
Fails to accept Worker’s Rights Legal Service’s advice as to the conduct of the claim in some significant aspect or give clear instructions to Worker’s Rights Legal Service.
9
Hinders and prevents Worker’s Rights Legal Service from continuing to act as Worker’s Rights Legal Service should act;
10
Insists upon the taking of some step which, in the opinion of Worker’s Rights Legal Service, is dishonourable.

3
Worker’s Rights Legal Service may terminate the Costs Agreement and cease to act for the client
in the event that Worker’s Rights Legal Service:

1
Becomes aware of anything material that alters Worker’s Rights Legal Service’s opinion in respect to the prospects of success of the claim.
2
Is unable to retain the services of the barrister of Worker’s Rights Legal Service’s choice on the terms acceptable to Worker’s Rights Legal Service in its absolute discretion.
3
Worker’s Rights Legal Service may terminate this retainer if they form the opinion that the client no longer has reasonable prospects of success in the matter. If Worker’s Rights Legal Service terminates their retainer under this sub-clause, they will give the client 7 days’ notice in writing of their intention to terminate the agreement and as part of their No Win No Fee promise to the client will not claim any fees or expenses from the client.

4
If the client refuses to consent to the making of an offer of settlement or accepting an offer of settlement made by or on behalf of the insurer which, in the written opinion of Worker’s Rights Legal Service, is a reasonable offer and one which should be made or accepted, Worker’s Rights Legal Service shall be entitled to obtain at the client’s expense the written opinion of a barrister as to the reasonableness of the offer. If the written opinion also recommends the making or acceptance of an offer and the client refuses to consent to the making or accepting of the offer, then Worker’s Rights Legal Service may terminate the Costs Agreement.
5
Worker’s Rights Legal Service will give the client 7 days written notice of termination of the Costs Agreement by sending the notice to the client’s last known address.
6
If the Costs Agreement is terminated, Worker’s Rights Legal Service is entitled to all outstanding legal costs, calculated in accordance with the Costs Agreement, and will be entitled to retain possession of the client’s file and of the client’s real or personal property held by Worker’s Rights Legal Service until all legal costs are paid or satisfactory arrangements for payment are made.

ANY CONCERNS ABOUT THE CLAIM

1
If the client wishes to discuss their legal costs or any aspect of the claim, they should contact: Tran Truong, Principal Lawyer, Worker’s Rights Legal Service on (07) 3050 0985

RETROSPECTIVE APPLICATION

1
This Costs Agreement is to take effect from when Worker’s Rights Legal Service commences work for the client even if the Costs Agreement is signed at a later date.

NOVATION

1
In the event that Worker’s Rights Legal Service is purchased by or merges or amalgamates with
any other firm, or transfers the client’s file with the client’s consent to any other firm, the client agrees that the resulting new entity may be substituted for Worker’s Rights Legal Service in the Costs Agreement and that the parties will continue to be bound by all provisions of the Costs Agreement.
2
This Costs Agreement continues to apply even if:

1
The membership or name of Worker’s Rights Legal Service changes;
2
The client engages any other firm as either principal or agent; and
3
Any appeal relating to the claim is conducted on the client’s behalf.

CHANGE OF SOLICITOR OR FIRM

1
The client may change solicitor or firm at any time.
2
The client must give Worker’s Rights Legal Service written notice of the change to a new solicitor or firm.
3
Worker’s Rights Legal Service may charge the client for legal costs incurred up to the time when notice is given to them in accordance with the Costs Agreement.
4
Worker’s Rights Legal Service may retain the client’s file and any of the client’s real or personal property held by Worker’s Rights Legal Service until all legal costs are paid, or satisfactory arrangements for payment are made.

GOODS AND SERVICES TAX

1
The client agrees to make payment and be responsible for any GST levied on any professional
fees, office charges or expenses and disbursements charged in accordance with the Costs Agreement. The client authorises Worker’s Rights Legal Service to make payment of any GST fees directly from any moneys held in trust on the client’s behalf.

LIMITATION PERIOD

1
The client acknowledges that Worker’s Rights Legal Service:

1
Has advised the client that the client must commence court proceedings within 3 years from the date of the incident and must also comply with certain statutory time limitations for much shorter periods and that if the client fails to do so the client will lose all rights to recover damages or compensation in relation to the injuries sustained as a result of the incident;
2
Will not take any steps on the client’s behalf whatsoever that may be necessary to protect the client’s interests including serving any notices on the Nominal Defendant, WorkCover, any insurer or any other party or instituting any court proceedings until such time as the Costs Agreement is signed by the client and returned to Worker’s Rights Legal Service;
3
Has advised the client that in the event that the client’s proceedings are covered by the Civil Aviation (Carriers’ Liability) Act 1964, the client must commence court proceedings within 2 years from the date of the incident and may also be required to comply with certain statutory time limitations for much shorter periods and that if the client fails to do so the client will lose all rights to recover damages or compensation in relation to the injuries sustained as a result of the incident.

SEVERANCE

1
In the event that the whole or any part or parts of any clause in the Costs Agreement is held to
be void or unenforceable, it shall to that extent be severed from the Costs Agreement, but the validity of the Costs Agreement will not be affected.

THE APPLICABLE LAW

1
The laws of the State of Queensland apply to the Costs Agreement.

THE COOLING OFF PERIOD

1
A cooling off period of 15 days applies to the Costs Agreement. The client is entitled to a cooling off period of 15 clear days. This means that the client may cancel the agreement at any time within 15 clear days without incurring a liability to Worker’s Rights Legal Service. Cancellation of the agreement under this clause must be in writing for it to take effect.

PRIVACY PROTECTION

1
In carrying out the work Worker’s Rights Legal Service may gather personal information about the client from the client or other sources. Some of this personal information may be sensitive information; for example, information about the client’s health, criminal or traffic record.
2
The use of this personal information is protected by the Privacy Amendment (Private Sector) Act 2000 and Worker’s Rights Legal Service’s own Privacy Protection Policy. This ensures that the client’s personal information will not be released by Worker’s Rights Legal Service to a third party without the client’s authorisation or if there is a legal compulsion to do so; for example, under the Social Security Act.
3
It will be necessary for Workers’ Rights Legal Service to release personal information to third parties in carrying out the work, for example, within Workers’ Rights Legal Service, to a court, insurer, valuer, experts, barristers and the like, and by signing the Costs Agreement the client expressly authorises Workers’ Rights Legal Service to disclose the client’s personal information as Workers’ Rights Legal Service sees fit in the conduct of this matter.
4
The client also authorises Worker’s Rights Legal Service to contact the client at any time to provide the client with information about the services Workers’ Rights Legal Service offers, changes to the law, opportunities that may be of benefit to the client and the like.
5
Worker’s Rights Legal Service is aligned with other professional groups and bodies and the clientauthorises Worker’s Rights Legal Service to release the client’s contact details to such groups of bodies if, in the opinion of Worker’s Rights Legal Service, there is a benefit to the client in so doing. The client may inform Worker’s Rights Legal Service at any time if the client does not wish to have contact information released to a third party.
6
As part of Worker’s Rights Legal Service’s Privacy Protection Policy there are security measures in place to protect the loss, misuse and alteration of any of the client’s personal information under the control of Worker’s Rights Legal Service. Access to and the use of the client’s personal information is restricted to authorised staff of Workers’ Rights Legal Service.

RETENTION OF THE CLIENT’S DOCUMENTS

1
On completion of the work and payment of all legal costs the client is entitled to ask for a copy of their file.
2
If the file is retained by Worker’s Rights Legal Service, the file and anything to which the client is entitled but leaves in Worker’s Rights Legal Service’s possession (except documents deposited in safe custody) will be destroyed at the expiration of 7 years.

ELECTRONIC COMMUNICATION

1
The client consents to any communication in this matter being by way of electronic means such as email or fax. This includes the electronic delivery of documents and invoices.

CYBER WARNING – FUNDS TRANSFER CRITICAL INFORMATION

1
Cyber criminals have been hacking into communications. Do not act on any communication (from Worker’s Rights Legal Service, or anyone else) that requires you to send, deposit, pay or transfer funds above $10,000 (Australian dollars or equivalent in another currency) - until you:

1
check the phone number of the apparent sender of the communication – use a source other than the communication that asks for money;
2
contact the apparent sender (including Worker’s Rights Legal Service) of that communication by using that phone number;
3
read out and read back the account and BSB numbers (or other specific payment details where applicable, e.g. if not a bank account) contained in the communication; and

2
The client may wish to also consider checking for amounts less than this on a case-by-case basis. Please send a copy of any funds transfer or deposit confirmation as soon as possible after a funds transfer or deposit is made over $10,000.

ACKNOWLEDGMENT

By signing the Costs Agreement, the client acknowledges they have:

1
Sought or have been given the opportunity and waive the right to independent legal advice;
2
Received a Disclosure Notice pursuant to section 308 of the Legal Profession Act 2007 (Qld);
3
Read and understood the Disclosure Notice and Costs Agreement;
4
Retained Worker’s Rights Legal Service on the basis of the Costs Agreement and agree to be bound it;
5
Received a copy of and will retain the client’s own copy of the Disclosure Notice and Costs Agreement, the Form 1 Disclosure (Attachment 1) and the Form 2 Disclosure (Attachment 2).
6
Agreed that this Costs Agreement may be signed using an electronic signature and stored by electronic means; and
7
Not been induced or solicited to make the claim by Worker’s Rights Legal Service or any other person.

RETAINING WORKER’S RIGHTS LEGAL SERVICE

1
The client may formally retain Worker’s Rights Legal Service in writing by signing and returning the Costs Agreement to Worker’s Rights Legal Service. If the client retains Worker’s Rights Legal Service, the Costs Agreement will be effective from the date the client first instructed Worker’s Rights Legal Service.

IMPORTANT WARNING

1
If the client delays in retaining Worker’s Rights Legal Service the client places the success of the
claim at risk because until the client has formally retained Worker’s Rights Legal Service, Worker’s Rights Legal Service will not be obligated to take any steps on the client’s behalf.

Attachment 1

Form 1

Legal Profession Act 2007 (s 308(5))

FORM OF DISCLOSURE OF COSTS TO CLIENTS

Legal Costs — The Client’s Right to Know

1
The client has the right to:

1
Negotiate a Costs Agreement with Worker’s Rights Legal Service;
2
Receive a bill of costs from Worker’s Rights Legal Service;
3
Request an itemised bill of costs after the client receives a lump sum bill from Worker’s Rights Legal Service;
4
Request written reports about the progress of the claim and the costs incurred in the claim;
5
Apply for costs to be assessed within 12 months if the client is unhappy with Worker’s Rights Legal Service’s costs;
6
Apply for the Costs Agreement to be set aside;
7
Accept or reject any offer Worker’s Rights Legal Service make for an interstate costs law to apply to the claim;
8
Notify Worker’s Rights Legal Service that the client requires an interstate costs law to apply to the claim;
9
Be notified of any substantial change in the matters disclosed in this Notice.
10
For more information about the client’s rights, please read the fact sheet titled Legal Costs — Your Right to Know. The client can ask Worker’s Rights Legal Service for a copy, or obtain it from the Qld Law Society (or download it from their website at www.qls.com.au).

2
Annotation to Form 1:

1
Should the client request written reports as envisaged clauses 1.3 and/or 1.4 above, s.317(2) of Legal Profession Act 2007 provides that the law practice may charge the client a reasonable amount for providing a written report of the progress of the claim, but must not charge for a written report of the legal costs incurred by the client.

Attachment 2

Form 2

Legal Profession Act 2007 (s 331(3))

FORM OF NOTIFICATION OF CLIENT’S RIGHTS

Your Rights in relation to Legal Costs

Disputes

1
If the client disputes Worker’s Rights Legal Service’s legal costs the client may:

1
Contact Worker’s Rights Legal Service to discuss their concerns;
2
Request an itemised bill;
3
Apply for a costs assessment within 12 months of delivery of a bill or request for nill;
4
Apply to set aside the Costs Agreement within 6 years or such other time period as the law permits.

Interest Payable

2
The current interest rate charged on unpaid bills is at the rate that is equal to the Cash Rate Target as defined by the Regulations to the Act, plus 2 percentage points as at the date of this unpaid bill.

Other Information

3
For more information about the client’s rights, please read the fact sheet titled 'Legal Costs - Your Right to Know'.
4
The client can ask Worker’s Rights Legal Service for a copy or obtain it from the Qld Law Society (or download it from their website at www.qls.com.au).