Section 962WA — Corporations Act 2001 (Cth)

(1) It is a condition of the ongoing fee arrangement that the arrangement terminates if any of the following provisions have not been complied with in relation to the arrangement, whether by the current or a previous fee recipient:

(a) section 962R (fee recipient must not deduct ongoing fees without consent);

(b) section 962S (fee recipient must not arrange for deduction of ongoing fees without consent or accept such deductions).

(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 gives consent that covers the deduction of ongoing fees from the account, after the arrangement terminates under subsection (1).

(3) However, if the client gives consent for deduction of ongoing fees from the account after the arrangement terminates under subsection (1), the fee recipient is not obliged to refund an amount deducted, or received as a result of a deduction made, in accordance with that consent.

Note: A Court may order that the fee recipient refund amounts deducted without consent (see section 1317GB).

Related sections

• s 962U — Variation or withdrawal of consent
• s 962V — When consent ceases to have effect
• s 962W — Conditions requiring consent to be given are void
• s 962X — Obligation to keep records of compliance
• s 962Y — Form for consents
• s 962YA — Combining information in a single notice or form

Research how courts apply s 962WA

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.