Commonwealth Consolidated Acts

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CORPORATIONS ACT 2001 - SECT 962F

Arrangement terminates if this Subdivision not complied with

             (1)  It is a condition of the ongoing fee arrangement that the arrangement terminates if section 962G has not been complied with in relation the arrangement, whether by the current or a previous fee recipient.

             (2)  The client is not taken to have waived the client's rights under the condition (subject to subsection (3)), or to have entered into a new ongoing fee arrangement, if the client makes a payment of an ongoing fee after a failure to comply with section 962G in relation to the ongoing fee arrangement.

             (3)  However, if the client makes a payment of an ongoing fee after a failure to comply with section 962G in relation to the ongoing fee arrangement, the fee recipient is not obliged to refund the payment.

Note:          A Court may order that the fee recipient refund the amount (see section 1317GA).



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