The barrister and applicant are free to enter into a retainer and fee disclosure agreement directly (or with the applicant’s solicitor, if a solicitor instructed) which must comply with Part 3.2 of the Legal Profession Act 2004. The fee arrangement may include one or more of the following terms:

• the barrister may elect to cease acting on behalf of the applicant if the proceedings are transferred out of New South Wales.

• fees may be charged by the barrister at his/her usual fee rate for a matter of that type, complexity and jurisdiction, payable only in the event of a successful outcome by verdict or settlement and/or an order for costs, and/or actual recovery of costs from another party.

• fees may be payable on an instalment basis.

• fees may be charged on a reduced basis.

• no fees may be charged.