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Contingency Fee Contract Template for Australia

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Key Requirements PROMPT example:

Contingency Fee Contract

"I need a Contingency Fee Contract for my law firm to represent a small business client in a commercial dispute, with a 25% success fee structure and specific provisions for engaging expert witnesses and counsel, to be effective from March 2025."

Document background
The Contingency Fee Contract serves as a critical agreement between legal practitioners and clients in Australia, particularly in litigation matters where clients seek legal representation but may not have the means to pay traditional hourly rates. This document type has gained prominence in various litigation contexts, including personal injury, commercial disputes, and class actions. The contract must strictly comply with state-specific legal profession regulations and the Legal Profession Uniform Law (where applicable), incorporating mandatory consumer protections and disclosure requirements. It details the specific circumstances under which fees become payable, typically expressed as a percentage of the settlement or judgment amount, while clearly outlining both parties' obligations and rights. The agreement includes essential provisions for cost calculations, disbursements handling, termination rights, and success criteria, ensuring transparency and regulatory compliance in contingency-based legal representations.
Suggested Sections

1. Parties: Identification of the law firm and the client, including full legal names and contact details

2. Background: Context of the legal matter and purpose of the agreement

3. Definitions: Key terms used throughout the agreement, including 'success', 'settlement', 'professional fees', and 'disbursements'

4. Scope of Legal Services: Detailed description of the legal services to be provided and the specific matter being handled

5. Contingency Fee Structure: Clear explanation of how the contingency fee will be calculated, including percentages and the basis for calculation

6. Disbursements and Other Costs: Explanation of additional costs and how they will be handled, regardless of outcome

7. Client's Obligations: Client's responsibilities including providing information, maintaining communication, and following legal advice

8. Law Firm's Obligations: Firm's commitments regarding service delivery, communication, and professional standards

9. Success Criteria: Clear definition of what constitutes 'success' or conditions that trigger the contingency fee

10. Payment Terms: Timing and method of payment upon successful outcome

11. Termination: Circumstances under which either party may terminate the agreement and the consequences

12. Governing Law: Specification that Australian law governs the agreement and relevant jurisdiction

Optional Sections

1. Alternative Fee Arrangements: Include when offering different fee options or hybrid fee structures

2. Multiple Party Provisions: Include when representing multiple clients in the same matter

3. Appeal Provisions: Include when covering potential appeals and associated fee arrangements

4. Third Party Funding: Include when litigation funding is involved

5. Interstate Matters: Include when legal services may cross state boundaries

6. Counsel Engagement: Include when barristers or other counsel may need to be engaged

7. Conflict Resolution: Include detailed dispute resolution procedures when dealing with sophisticated clients or complex matters

Suggested Schedules

1. Schedule A - Fee Calculation Examples: Practical examples showing how the contingency fee will be calculated in different scenarios

2. Schedule B - Disbursements Schedule: Detailed list of potential disbursements and their estimated costs

3. Schedule C - Client Authority Form: Authorization for the firm to act on behalf of the client

4. Schedule D - Risk Disclosure Statement: Detailed explanation of risks and alternatives to contingency fee arrangement

5. Appendix 1 - Cooling-off Notice: Mandatory cooling-off period information and client rights

6. Appendix 2 - Complaint Handling Procedure: Information about the firm's complaint handling process and regulatory bodies

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions








































Clauses



































Relevant Industries

Legal Services

Insurance

Financial Services

Professional Services

Healthcare

Construction

Manufacturing

Mining

Real Estate

Retail

Technology

Transportation

Education

Relevant Teams

Legal

Compliance

Risk Management

Operations

Administration

Business Development

Corporate Governance

Dispute Resolution

Claims Management

Client Services

Relevant Roles

Legal Counsel

General Counsel

Managing Partner

Senior Partner

Practice Manager

Compliance Officer

Risk Manager

Legal Operations Manager

Contract Manager

Business Development Manager

Chief Legal Officer

Litigation Manager

Claims Manager

Legal Administrator

Corporate Secretary

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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