Regulation 8 Terms and conditions of termination in an employment matter

In an employment matter, the additional requirements prescribed for the purposes of section 58AA(4)(c) of the Act are that the terms and conditions of a damages-based agreement must be in accordance with paragraphs (2), (3) and (4).

If the agreement is terminated, the representatives may not charge the client more than the representative’s costs and expenses for the work undertaken in respect of the client’s claim or proceedings.

The client may not terminate the agreement—

The representative may not terminate the agreement and charge costs unless the client has behaved or is behaving unreasonably.

Paragraphs (3) and (4) are without prejudice to any right of either party under general law of contract to terminate the agreement.