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The Contingency Fee Retainer Agreement is essential for Australian legal practices engaging in matters where payment is contingent on success. This document type has gained prominence following recent regulatory changes in various Australian jurisdictions, particularly Victoria, which has expanded the scope for contingency fee arrangements. The agreement is typically used in litigation matters, including class actions, personal injury cases, and commercial disputes. It must comply with state-specific legislation, the Legal Profession Uniform Law (where applicable), and Australian Consumer Law. The document outlines the percentage-based fee structure, success criteria, risk allocation, and client obligations, while incorporating mandatory consumer protections and cost disclosure requirements. This agreement type is particularly relevant for cases where clients may not have the means to fund litigation upfront but have meritorious claims worth pursuing.

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

2. Background: Context of the agreement, including the nature of the legal matter and the client's objectives

3. Definitions: Key terms used throughout the agreement, including 'Contingency Fee', 'Success', 'Costs', and 'Disbursements'

4. Scope of Services: Detailed description of legal services to be provided and any limitations

5. Contingency Fee Structure: Clear explanation of the percentage fee arrangement, including calculation method and examples

6. Disbursements and Other Costs: Details of additional costs and expenses that the client may be responsible for

7. Success Criteria: Clear definition of what constitutes a successful outcome triggering the contingency fee

8. Client Obligations: Client's responsibilities including providing information and cooperating with the firm

9. Termination: Circumstances and process for ending the agreement, including fee implications

10. Conflicts of Interest: Disclosure of potential conflicts and how they will be handled

11. Confidentiality: Obligations regarding confidential information

12. Governing Law: Specification of applicable jurisdiction and governing law

13. Execution: Signature blocks and execution requirements