To:

From:

Kelso's The Law Firm No Win No Fee Costs Agreement

U n1itigated Claims

CLIENT NAME

ADDRESS ADDRESS

Kelso's the Law Firm

671-677 Hunter Street,

Newcastle West NSW 2302

File Reference No:

Thank you for tl1e opportunity to act for you in this matter.

This Agreement is made pursuant to the Legal Profession Act 2004 (NSJ,'f?') ("The Act). We are required by the Act to set out tl1e tetms of out engagement. This document discloses information about tl1e costs of our legal services and your rights and is intended to satisfy the requirements of disclosute under the Act. You may negotiate and entet into a costs agreement with us based on the information contained in this document which represents an offer which you may choose to accept by doing any one of the acts specified in Clause 7.

We provide the following information and disclosure in relation to the work we will be doing for you.

This is an important document which you should read carefully before signing.

1 The Work and the Persons Responsible for the Work:

The Work you require us to do is as follows:-

Act for you in relation to an unlitigated claim against PESCRIPTION OF CLAIM. Peter Kelso will be undertaking the Work. Communications to the firm should be addressed to Peter Kelso. If you have any concerns about the performance of the Wotk please contact Peter Kelso.

This Agreement will apply to work done before and after the date of the Agreement.

Please note that:

• We only do legal work in connection with this mattet; we only advise on legal points. So, for example, we do not give tax planning, financial or other commercial advice -and if we do so in passing we do not mean fot you to rely on it, as we are not qualified to give such advice.

• We only act for you. We do not take into account the interests of other parties.

CLIENT NAME

EXH.004.055.0003

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2 Professional Charges (costs):

Subject to Clause 8 (the termination clause), this is a no win no fee Agreement.

You will only ever pay our professional charges if there is a successful outcome of the work that we do for you. A successful outcome means an offer of settlement of or equivalent to $10,000.00 inclusive of professional charges.

We will charge you for work done in accordance with the following scale. The scale uses a flat fee which is related to the size of the final settlement. All of the figures for the size of the settlement are inclusive of professional charges. All professional charges are exclusive of GST (as per clause 10)

Final Settlement Figure Professional Charges (exclusive of GST)

An offer of less than $10,000.00 $0.00

An offer of $10,000.00 $4,000.00

An offer of more than $10,000.00 & less than $6,000.00 $30,000.00

An offer of $30,000.00 and less than $50,000.00 $10,000.00

An offer of $50,000.00 and less than $70,000.00 $15,000.00

An offer of $70,000.00 and less than $90,000.00 $20,000.00

An offer of $90,000.00 and less tl13n $200,000.00 $25,000.00

An offer of $200,000.00 or greater $30,000.00

In cases where you are rece1vmg a "top up" of an earlier settlement paid to you, the final settlement figure will be deemed to include the earlier settlement for the purposes of calculating our professional charges.

3 Expenses

We will incur expenses on your behalf which we will ask you to pay from your final settlement. They may include but are not limited to a psychological report (approximately $1,500.00 plus GST), airfares, accommodation, meals and otl1er reasonable expenses. However, in most cases the Church with agree to pay your expenses as they are incurred. In the unusual situation where the Chui·ch does not agree with this, these expenses will be deducted from your final settlement, but this will be the exception rather than the rule.

4 Client's Right to Bill of Costs & Costs Disputes

You have the right to apply to the Supreme Court to have this agreement assessed for its fairness and reasonableness; or to have any dispute mediated; or to have the agreement set aside on the basis it is not fair, just or reasonable. Any application for assessment should be made within 60 days of receiving our bill of costs. You will receive a bill of costs at the end of your matter but only if there is a successful outcome with the Church.

EXH.004.055.0004

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3

Right to have bill reviewed (assessed)

You have the right to have the charges made in a bill assessed for their fairness and reasonableness by a Costs Assessor. That right is n ot available to you in certain circumstances where there is a costs agreement which complies with the Act, unless the Agreement is determined by a Costs Assessor to be not fair or reasonable.

6 Retention of client's documents

We will retain any documents which are in our possession on completion of the Work. We will retain those docwnents in our possession for seven years and on the understanding that we have your authority to destroy the files seven years after the date of the final bill rendered by us in this matter. Any documents which we have retained in safe custody on your behalf will of course be retained beyond the seven year period.

7 Acceptance of the Offer

We will assume that you have accepted the terms of this Agreement if you:

a) have signed and delivered to us the attached duplicate of this Agreement; or b) indicate in writing that we may continue work on your matter; or c) indicate verbally to us that we may continue work on your matter; or d) continue to provide instructions to us even if you have not signed this agreement; or e) fail to expressly withdraw or terminate your inst.t.uctions.

It is therefore important that you immediately inform us if you do not wish us to continue work on your matter. You may terminate this agreement within 5 clear business days of signing the agreement in writing to Peter Kelso.

8 Termination

We will not continue to do the Work if you:

a) fail to provide us with t.t.uthful and adequate instructions in a timely manner, b) engage another law practice to advise you on this matter without our consent; c) indicate to us that we have lost your confidence or any other just cause.

We will give you at least seven (7) days' notice of our intention to terminate our Agreement, and of the grounds on which the notice is based. You will be required to pay a flat fee of $5,000.00 plus GST plus any expenses incurred up to the date of termination in fair recognition of the work that we have done for you.

You may terminate this agreement in writing at any time. If you do so you will be liable to pay a flat fee of $10,000.00 plus GST plus any expenses incurred up to the date of termination. Th.is charge is in fair recognition of the work that we have done for you.

9 Engagement of Another Lawyer

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I I I

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EXH.004.055.0005

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I t may be necessaty for us to engage, on your behalf, the services of another lawyer (such as a specialist barrister) to provide specialist advice or services, including advocacy services. We will consult you as to the terms of that lawyer's engagement, but you may be asked to enter into a costs agreement ditectly witl1 the o thet lawyer.

10 Goods and Services Tax (GST)

All rates, charges, expenses etc in tl1is Agreement will be liable to Goods and Services Tax (GS1). GST will be levied at the appropriate rate on the total of our fees and the premium of those fees (if applicable) and also upon the reimbursement by you of those expenses we have paid on your behalf (disbursements) however some disbursements (for example, court filing fees) may not be liable to GST.

We will supply you with a tax invoice for the amount of GST at the same time we issue you with our bill, or upon request by you. The tax invoice will contain particulars as are required by law in order for you to obtain an input tax credit for the amount of GST paid by you if you are registered, and are otherwise entitled to clainJ input tax credits.

11 Service

If you have a problem witl1 the way your matter is being handled, you should first speak to the solicitor handling the matter to tty and resolve it.

12 Independent Legal advice

By signing this Agreement you acknowledge that you have the right to seek independent legal advice (that is, advice from another solicitor) about the content and effect of this Agreement and that you have had an opportunity to obtain that advice pri01' to signing.

13 Progress reports

You are entitled to request and receive, at reasonable intervals, a written report on the progress of your matter.

14 General authority

By entering into this Agreement you authorise us to receive into our tmst account any judgnJent or settlement money, or money received from any source in furtherance of your work, and to pay our costs and disbursements in accordance with the provisions of Regulation 88 of the Legal Profession Reg11/atio11 2005.

15 Applicable Law

The law of New South Wales applies to legal costs in relation to this matter. You are however, able to enter into a costs agreement with us on the basis tl1at the corresponding law of anotl1er State or T erritory is applicable if this matter has a substantial connection witl1 that State or Territory. In that event we will disclose costs as applicable in that State or Territory. Otherwise ilie provisions of this Agreement apply to your matter.

16 Privacy

Personal information about you is protected under ilie Privary Amendment (Ptivate) Sector Act 2000. Disclosure of such information may be compelled by law. Such information may be disclosed to the Court, other parties to the litigation, valuers, experts and barristers. You authorise us to disclose such information where necessa1y to advance your matter.

EXH.004.055.0006

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I accept the above terms and charges.

Signed: ................................. . ..... .

CLIENT NAME

Dated:

Signed: .... . .... . .. . .................. . ... .. . . .

KELSO'S THE LAW FIRM

Dated:

EXH.004.055.0007