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. S. 40D inserted by No. 48/1995 s. 7.

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