Corporations Act 2001
Note: This Chapter applies to a CCIV in a modified form: see Division 4 of Part 8B.7 .
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.
962F(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.
962F(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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