Section 962F — Corporations Act 2001: Ongoing fee arrangement terminates without consent

(1) It is a condition of an ongoing fee arrangement that the arrangement terminates if: (a) the client has not given a written consent in relation to the arrangement that complies with the requirements in section 962G; or (b) all of the following apply: (i) the client has given a written consent in relation to the arrangement that complies with the requirements in section 962G; (ii) that consent has ceased to have effect under section 962H; (iii) the client has not given a new consent that meets the requirements in section 962G in relation to the arrangement in the period specified in paragraph 962H(1)(b). (2) The client is not taken to have waived the client’s rights under the condition in subsection (1) (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 the arrangement terminates under subsection (1). (3) However, if the client makes a payment of an ongoing fee after the arrangement terminates under subsection (1), 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).