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Wakefield Associates
Solicitors PO Box 8958
Christchurch
Victims of sexual abuse have a legal right to ACC
financial compensation. The compensation may include lump sum payments and
ongoing entitlements. Inside, you will find how we help victims get their full
entitlements.
Tear off and moisten here to seal Freepost envelope.
Please print details clearly
First Name(s):
Surname:
(hereinafter referred to as "You" or "Your")
Address:
Suburb:
City/Town:
Telephone:
Date of Birth:
ACC Claim No(s) (if known):
Are you receiving payment from ACC? Yes No
I agree to the terms and conditions set out below.
SIGNED:
You wish to appoint Wakefield Associates ("We" or "Us")
to represent You in respect of a claim against the Accident Compensation
Corporation ("the Corporation") for Your entitlement. We agree to
provide You with services on the terms and conditions set out below in this
agreement.
IT IS AGREED
1 We will investigate the potential
for Your claim and entitlements from the Corporation in regard to Your
entitlement to certain payments arising as a result of the abuse and/or
personal injury(s) by accident for which You have an accepted claim or are
entitled to cover for Your abuse and/or personal injury(s) under the Accident
Compensation Acts of 1972 or 1982, the Accident Rehabilitation and
Compensation Insurance Act 1992, Accident Insurance Act 1998 or any
subsequent legislation.
2 Appointment:
2.1 You hereby appoint Us to act as
Your solicitors and You now direct the Corporation to release all information
held by it in respect of any claim that You may have made to or with the
Corporation.
2.2 You hereby acknowledge and agree
that You cannot vary or revoke this authority without Our written agreement
or consent which will be provided upon You meeting Your obligations under
clause 6 herein.
2.3 If We consider it warranted, We
may lodge an application for entitlement on Your behalf and You hereby
authorise Us to do so.
2.4 You now authorise and direct the
Corporation to pay directly to Us as your duly ap ointed solicitor and agent
any backdated arrears and the first quarter y or initial award of
compensation due to You.
2.5 You authorise Us to act as Your
agent in respect of Your entitlements and authorise Us to sign Your name to
any and all documents necessary to progress and/or resolve the claim for
entitlement involved herein.
2.6 You now revoke any prior
authority given by You with regard to any of the services to be provided
under this agreement.
Payment
3 In the event that We establish the
Corporation is liable to make payment in regard to any entitlement You may
have, then in consideration of services rendered and to be rendered by Us,
You will pay to Us:
3.1 25%
((Twenty-five percent) plus GST) of all recovery; and
3.2 All of the first quarterly award
made by ACC (inclusive of GST);
3.3 You agree to and do now authorise
Us to deduct from the payments made by the Corporation to Us on your behalf
the sums referred to in this clause
4 In the
event that We are not successful in establishing the Corporation is liable to
make payment in regard to any entitlement that You may have, then no fee for
our services or out of pocket expenses is payable by You under this
agreement.
Termination
of agreement
5 We have the right at any tirne to
withdraw from this agreement in the event that:
5.1 We reasonably conclude, from the
information obtained in pursuance of these services, that You do not have a
reasonably good possibility of recovering an award or settlement with regard
to Your entitlement from the Corporation; or
5.2 For
some other reason We consider (at our sole discretion) that there are
irreconcilable differences between Us such that the relationship of good
faith between solicitor and client cannot continue.
If We are to so withdraw from providing services to You under this agreement
pursuant to this clause 5 We shall advise You of this in writing and from the
date that We send the letter We shall be under no further obligation to
provide services to You and You shall be under no obligation to make further
payment to Us.
6 If You
discharge Us or cease to Use our services pursuant to this agreement for any
reason (other than our negligent performance such that Your claim to
entitlements is significantly affected by our negligence), then We will be
entitled to and owed by You the fair and reasonable value of our services
rendered up to the date on which We are advised of such time of discharge or
cessation of service, and this sum shall be due and owing immediately and
shall be paid by you accordingly. We shall record this sum due and owing on
an invoice to You and it shall include any and all out of pocket expenses and
disbursements incurred by Us, and a reasonable fee for our services rendered
to date. The right to discharge us is subject to clause 2.2.
Your
Responsibilities
7 You agree to cooperate fully in the
investigation and prosecution of Your claim for entitlement and to carefully
consider the advice and counsel We provide. Failure of such cooperation will
be a breach of this agreement and may result in termination of this agreement
by Us following which termination You will be liable for our costs and
disbursements reasonably incurred to the date of termination.
Our
Responsibilities
8 We shall keep You fully informed of
all progress in Your claim, and shall copy to You all documentation:
8.1 lodged with the Corporation on
Your behalf, and
8.2 all decisions, reports and recommendations
or orders of the Corporation in relation to Your entitlement.
Variation to this Agreement
9 You agree that this agreement can
only be varied with the consent of both parties to this agreement and any
such variation must be recorded in writing and executed by both parties.
WAKEFIELD
ASSOCIATES Barristers & Solicitors
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