Letter · Class Actions / Representative Proceedings

Retainer letter and conditional costs agreement for a representative applicant (Federal Court class action)

Engagement letter and conditional costs agreement for the person who will be the representative applicant: their role and duties to group members, adverse costs exposure, funder arrangements, uplift limits, cooling-off and conflicts.

Kind
Letter. A letter or email you adapt and send.
Where it applies
Australia, Commonwealth, New South Wales
AI use
Yellow AI can help in set ways. A lawyer checks specific points before use.
Law stated as at
18 October 2026
Status
Maintained. Checked on 18 October 2026 against the 5 authorities it cites, for Australia, Commonwealth and New South Wales.
Version
1
Source
Written for this library

When to use it

Use before filing, when the firm is retained by the proposed representative applicant in a Part IVA proceeding on a conditional ("no win, no fee") basis, with or without a litigation funder. It must be signed before work under it starts and disclosed to the Court as the class actions practice note requires.

How AI may be used

AI may assemble the letter from the firm's approved costs agreement and the matter details; a lawyer settles the costs terms, the successful outcome definition and the conflicts provisions, and checks the estimates.

AI may

  • Fill the parties, proceeding description, rates and estimate tables from the matter file and the firm's approved rates
  • Cross-check the letter against the litigation funding agreement for inconsistent terms on adverse costs, security, termination and settlement
  • Produce a plain-language summary table of costs and risks for the client to read alongside the agreement

AI must not

  • Must not include a fee calculated by reference to the amount recovered, unless the matter is in a court and regime that permits it and the lawyer has confirmed it
  • Must not set or estimate the uplift percentage, or state that a successful outcome is likely
  • Must not describe the funder's commission or the adverse costs indemnity other than as stated in the signed funding agreement

The lawyer checks

  • The agreement meets every requirement of Uniform Law s 181, and any uplift meets s 182 (reasonable belief recorded, no more than 25%, basis and estimate given)
  • The successful outcome definition fits the class action (judgment, settlement approved under s 33V, or both) and is unambiguous
  • Conflicts between the applicant, group members, the firm and the funder are identified and a management process is written in, as GPN-CA para 5.9 requires
  • The client understands their personal adverse costs exposure and what the funder's indemnity does and does not cover

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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