Schedule also applies by agreement or at client's election
4 Schedule also applies by agreement or at client's election
This Schedule applies to a matter if—
either—
this Schedule does not currently apply to the matter;
or
it is not possible to determine the jurisdiction in which the client first instructs the law practice in relation to the matter;
and
either—
the legal services are or will be provided wholly or primarily in this State; or
the matter has a substantial connection with this
State, or both; and
either—
the client accepts, in writing or by other conduct, a written offer to enter into an agreement under subclause (2)(a) in respect of the matter;
or
the client gives a notification under sublause (2)(b) in respect of the matter.
For the purposes of subclause (1)(c), the client may—
accept, in writing or by other conduct, a written offer that complies with subclause (3) to enter into an agreement with the law practice that this Schedule is to apply to the matter; or
notify the law practice in writing that the client requires this
Schedule to apply to the matter.
An offer referred to in subclause (2)(a) must clearly state—
that it is an offer to enter into an agreement that this Schedule is to apply to the matter; and
that the client may accept it in writing or by other conduct;
and
the type of conduct that will constitute acceptance.
A notification has no effect for the purposes of subclause (2)(b) if it is given after the period of
28 days after the law practice discloses to the client (under a corresponding law) information about the client's right to make a notification of that kind, but nothing in this subclause prevents an agreement referred to in subclause (2)(a) from coming into effect at any time.
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