Sections 97, 98 and 99 of the Legal Practice Act 1996 (Vic) address three distinct types of fee arrangements: speculative (s 97), uplift (s 98), and percentage (s 99). A two-tier costs agreement providing for a discount rate payable in any event and a normal rate payable only on success is a speculative fee arrangement under s 97, not an uplift arrangement under s 98, and the differential between the two rates is not a 'premium' for the purposes of s 98(3). Where a costs agreement is void under s 102(3), the solicitor cannot recover fees on a quantum meruit, but may recover disbursements. Estoppel by convention may extend to assumptions as to legal states of affairs, not merely assumptions of fact.
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