Victorian Consolidated Legislation

Legal Aid Act 1978 - SECT 40C

Fee agreement

40C. Fee agreement



(1) Despite any other law to the contrary, the trustees may enter into an
agreement with an assisted person or an applicant for litigation assistance
under which the assisted person or applicant is required to pay to the
trustees, for payment into the trust fund, a fee, which is dependent on the
result of, or payable only in the event of success in, a legal proceeding in
respect of which the assistance is or is to be provided.

(2) A fee referred to in subsection (1) may be expressed as a percentage, not
exceeding 10 per cent, of-

   (a)  the award or settlement, excluding costs; or

   (b)  the market value of any property that may be recovered-

in the legal proceeding.