Terms of engagement

I work on a no win, no fee basis

The information I provide to you is derived from my experience as a practicing attorney (South Africa), the Accident Compensation Act, 2001, and relevant Case Law. I will always endeavour to provide you with information which is accurate and up to date.

You understand that I am not required to, nor do I hold any professional liability insurance and you agree that you will not under any circumstances whatsoever have any claim against me personally or professionally for any loss or perceived loss that you believe you may have suffered because of an action or omission on my part.

Depending on the nature of your claim, it may be necessary to refer you to medical specialists for expert medical opinion, advice or reports necessary for the proper administration of your claim.

Where we deem it necessary to obtain a specialist medical opinion to further your claim against the ACC, there will be a charge from such specialist.

In most cases we can claim the costs of medical opinions back from ACC. If there is any shortfall or if we are unable to claim the costs of medical opinions back from ACC for whatsoever reason, you will be responsible for payment of such charge or charges.

Our working relationship will be interactive. In certain circumstances it may be necessary for you to make inquiries on your own and thereafter to pass on any information obtained to me as your representative.

Terms and Conditions:

  1. In respect of reviews, we have a minimum set fee that we will charge you in the event of a successful result. This fee will be charged if we are successful at review and ACC’s decision have been quashed by a reviewer. This fee will also be charged if ACC’s decision is overturned prior to the review hearing taking place. Should we be unsuccessful in having the ACC’s initial decision overturned, there will be no charge to you personally.
  2. Costs and disbursements are only awarded during the review or appeal process where a claimant is represented. As your representative, these costs and disbursements will be paid in full to us. Should you have any costs associated with the review or appeal and such costs are awarded on finalisation of the review or appeal, I shall pass these on to you as soon as the funds have been received from the ACC/an accredited employer.
  3. Should your claim concern the payment of weekly compensation and we are successful in overturning the ACC’s decision to cease payment thereof, or not to grant weekly compensation, we shall charge an additional percentage-based fee of any back-dated weekly compensation claimed back from ACC. We charge a set percentage which will be discussed with you during our initial contact.
  4. Should you be or become entitled to a lumpsum payment and we manage to claim this for you from ACC successfully, we will charge you a percentage-based fee of any lumpsum recovered.
  5. Any invoice(s) that remains outstanding for more than 7 days will be handed over for collection by a debt collection agency and all costs associated with the recovery of any debt will be for your account.

All information exchanged between us will remain strictly confidential and will not be shared with any other party unless we have been instructed otherwise.

Resources

Below is a list of important and helpful lnks to help you.

Fairway Resolution
www.fairwayresolution.com

ICRA (Independent Complaint and Review Authority)
www.icra.co.nz

The Accident Compensation Act, Act 49 of 2001
www.legislation.govt.nzl

Case Law Index-New Zealand Accident Compensation Appeals

www.nzlii.org/nz/cases/NZACC