Record the ongoing-fee reference day and whether written consent is on the file
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- From the engagement and consent documents the lawyer has identified, copy into a fixed register the date the arrangement was entered into, any reference day stated in the consent, the date of the signed written consent, and whether the consent is signed and dated. Calculate the window as 60 days before that reference day, or before the anniversary if no reference day is stated, through to 150 days after that day. Do not decide that fees may be deducted.
- What the lawyer must review
- The lawyer decides whether fees may be charged or deducted. Information Sheet 286 describes an ongoing fee arrangement as one where a fee recipient gives personal advice to a retail client under an arrangement that the client pay a fee during a period of more than 12 months (section 962A). A fixed term of 12 months or less is not automatically outside that test. The written consent to enter or renew must be signed by the client and dated, and the fee recipient must keep it or a copy (section 962G). The renewal window runs from 60 days before the reference day to 150 days after it. A reference day must be earlier than the anniversary and must be disclosed before consent. If none is agreed, the anniversary of entry, or of the reference day last specified in a consent, is used. Written consent ceases to have effect 150 days after that day unless it is renewed. Section 962S provides that the fee recipient must not arrange a deduction of ongoing fees without consent, or accept such a deduction. The lawyer confirms the current sections before a deduction.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. From the engagement and consent documents the lawyer has identified, copy into a fixed register the date the arrangement was entered into, any reference day stated in the consent, the date of the signed written consent, and whether the consent is signed and dated. Calculate the window as 60 days before that reference day, or before the anniversary if no reference day is stated, through to 150 days after that day. Do not decide that fees may be deducted. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Take the reference day from the consent. If the consent states none, use the anniversary of entry, as Information Sheet 286 describes.
- The window in the template is 60 days before that day to 150 days after it. Confirm those periods against the current section 962H and section 962F before relying on the template.
- A consent that is not signed and dated is recorded as missing. Section 962G, as described in the information sheet, requires both.
- The register does not authorise a deduction. Section 962S is applied by the lawyer.
Sources
- ASIC Information Sheet 286: FAQs on ongoing fee arrangements and consents · 2026-10-22
- Corporations Act 2001 (Cth) section 962S · 2026-10-22
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.