Where, in relation to a claim brought by State Trustees on behalf of and for the benefit of an estate (including the estate of a represented person):
(1) legal services are reasonably required; and
(2) the estate has insufficient funds to pay for those legal services;
State Trustees may opt to provide those legal services on the basis that:
(a) subject to (c), if the bringing of the claim does not result in a successful outcome for the estate, State Trustees will not charge for the provision of those legal services; and
(b) if the bringing of the claim results in a successful outcome for the estate, the fees that State Trustees will charge for the provision of those legal services will consist of:
- The fees otherwise payable for those legal services (determined on the basis set out in respect of ‘Legal fees’ above); and
- An additional fee not exceeding 25% of the total amount of the fees payable under (i) above.
(c) if State Trustees’ appointment by VCAT to administer a person’s legal and financial affairs ends or is discharged prior to an outcome being reached, the fees set out in (i) above will become payable, but not the additional fee in (ii), unless a new arrangement is made to continue the claim.
