Terms & Conditions

1. Accreditation 

1.1. JustFund Pty Ltd and its affiliated entities (“we”, “us” “our”) is a specialist family law finance provider. 1.2. In the ordinary course of carrying on your business, the Law Firm (“you”) expect that some of your clients or prospective clients may inquire about, or be interested in exploring, funding to conduct their family law matter.  1.3. You would like to become a JustFund Accredited Law Firm (Accredited Law Firm) and refer these clients to JustFund so that they may explore their legal funding options. 1.4. JustFund may, at its sole discretion, determine you are an Accredited Law Firm. 1.5. Only clients of Accredited Law Firms are eligible for funding by JustFund.  1.6. JustFund will confirm in writing within 14 days of this agreement whether you have been approved as an Accredited Law Firm.

2. Client Funding Applications

2.1. JustFund is committed to empowering access to reputable, high-quality lawyers and providing funds to enable clients to seek a just and fair resolution of their entitlements. JustFund does not provide funding to clients of all firms and, in providing funding to clients of a firm, JustFund will consider the experience, expertise, resources and values of the law firm.  2.2. As an Accredited Law Firm, JustFund agrees that it will consider applications for funding of your clients. 

3. Values Statement

3.1. The parties commit to the following values in dealing with your clients:  3.1.1. maintaining confidentiality and privilege; 

3.1.2. acting with integrity and empathy; 

3.1.3. working in the best interests of your clients; and

3.1.4. communicating proactively and transparently at all times. 

4. Marketing

4.1. As an Accredited Law Firm, the Law Firm may:  4.1.1. communicate publicly that it is an Accredited Law Firm; 

4.1.2. include reference to JustFund in its costs agreement and onboarding packs; or

4.1.3. use JustFund’s logo in its promotional and disclosure material

4.2. As an Accredited Law Firm, JustFund will provide reasonable resources to support the firm in relation to JustFund’s services, including hardcopy brochures to provide to your clients.  4.3. The Accredited Law Firm must obtain written sign-off from JustFund before  publishing any written or oral materials which refer to JustFund.  4.4. Should your Law Firm choose to participate in JustFund’s Reciprocal Marketing  Program, JustFund will place the logo of your firm and a link to your homepage on its website and in relevant marketing materials and may refer potential clients to the Law Firm for legal representation from time to time.  4.5. As part of the Reciprocal Marketing Program, you agree to place a JustFund logo and a link to its homepage on your website and inform Law Firm clients with a reference to JustFund in your costs agreement and bills (or statements accompanying bills), so that clients are aware of their ability to access flexible options  for their fee payments and legal disbursements. 

5. Relationship

5.1. The only relationship between JustFund and the Accredited Law Firm is of independent contractors and the Accredited Law Firm is not in any way a partner, joint venturer or employee or a representative of JustFund. 

6. Appointment

6.1. JustFund appoints the Accredited Law Firm for the purposes of making referrals to JustFund by either:  6.1.1. providing the client with JustFund’s name and contact details; or 

6.1.2. providing JustFund with the name and contact details of any client/s interested in funding for their family law matter. 

This appointment complies with regulation 25 of the National Consumer Credit Regulations 2010 (Cth) which allows certain credit activities to be provided without an Australian credit licence, provided the prescribed conditions are satisfied. 

6.2. You acknowledge and agree that: 6.2.1. you must not charge any fee for the referral, and JustFund will not pay any fee or commission for any referrals; and 

6.2.2. JustFund has not represented that this appointment will continue for any period of time. 

7. Accredited Law Firm’s Obligations

7.1 As an Accredited Law Firm, when making a referral you agree to comply with the following obligations: 

7.1.1 inform any interested clients that JustFund may be able to provide funding for their family law matters;

7.1.2. when passing on client details and information relating to the family law matter to JustFund, obtain each client’s consent to do so; and 

7.1.3. submit to JustFund each client’s name and contact details within five (5) business days of receiving the client’s consent, including details of the preferred times and method of contact for each client and the client’s funding needs. 

7.2. As an Accredited Law Firm, you agree to comply with all laws which are relevant to the provision of your services and your obligations under this agreement.

8. Prohibited Activities

8.1. As an Accredited Law Firm, you must not:  8.1.1. make representations about JustFund, other than that JustFund may be able to assist clients with funding for their family law matters; 

8.1.2.have been banned from engaging in credit activity; 

8.1.3. conduct a business as part of which you contact persons face-to-face from non-standard business premises (e.g., a temporary or open booth or stall set up in a shopping centre); and

8.1.4 do or say anything that will or is likely to damage or diminish JustFund’s business reputation, professional standing, goodwill or brand names. 

9. Confidentiality & Privilege

9.1. The parties acknowledge that JustFund and the Accredited Law Firm may exchange client-specific information that is confidential and privileged during the course of a funding application and/or during the term of a funding agreement.  9.2. The parties agree to keep any confidential information exchanged between JustFund and the Accredited Law Firm on behalf of your clients in strict confidence.  9.3. The parties agree not to divulge, or allow to be divulged or make use of a client’s Confidential Information other than for the purposes of this Agreement.  9.4. Confidential Information means all information exchanged between JustFund and the Accredited Law Firm on behalf of clients but does not include information that: 

9.4.1. was publicly available, other than as a result of a breach of this Agreement; 

9.4.2. that was obtained from a third party without breach by that third party of any obligation of confidence concerning that Confidential Information; or 

9.4.3. was already in the possession of the party before being provided by the other party. 

10. Non-Waiver of Privilege 

10.1. The parties acknowledge and agree that the litigation funding which has been provided (and will in the future be provided) by JustFund is provided for the dominant purpose of family law litigation and is subject to legal professional privilege and is confidential. 10.2. The parties acknowledge and agree that the dominant purpose of the exchange of Confidential Information is the consideration of an application for, and the provision of, funding by JustFund to your clients, so that such your clients can be provided with professional legal services, including legal advice and representation, in relation to their family law matter.  10.3. The parties acknowledge and agree that disclosure of any legally privileged material for the purposes of assisting with funding in relation to the family law matter does not, and is not intended to, waive that privilege or confidentiality. 10.4. The parties acknowledge that the parties have a common, joint, and mutual legal interest to maintain the privileged status of the Confidential Information. 

11. Common-Interest Privilege

11.1. The parties acknowledge that the Accredited Law Firm, your clients and JustFund share common interests in seeking to finalise your client’s family law matter (which includes, but is not limited to, providing litigation funding for the dominant purpose of family law litigation). 

12. Client Instructions

12.1. The parties acknowledge that the Accredited Law Firm must act at all times in accordance with their professional obligations and instructions provided by their client.  12.2. Pursuant to the terms of JustFund’s Client Funding Agreement, your clients will provide an irrevocable letter of instruction to you in relation to: 12.2.1 the process for issuing invoices; 

12.2.2. the provision of information to JustFund, including the provision of monthly reports and immediately notifying JustFund of any material development in the matter; 

12.2.3. the applications of case proceeds to the Accredited Law Firm‘s trust account and the distribution of those proceeds in accordance with the funding agreement.

13. Termination of Accreditation

13.1. JustFund may, at its sole discretion, determine that the Accredited Law Firm is no longer an Accredited Law Firm.

14. Data Privacy

14.1. Each Party agrees to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) (as if it were an “APP entity” as defined in the Privacy Act 1988 (Cth)). 

15. Intellectual Property

15.1. JustFund’s logo, trademarks and service marks and other product and service names (the Marks) are our trademarks. You must not display or use our Marks in any manner without our prior written consent.

Schedule 1 - Irrevocable Letter of Instruction

[Law Firm] (“You”)

Dear [x] Irrevocable Letter of Instruction – Family law matter of [y]

This letter provides formal notice that I have entered into a Client Funding Agreement (“Funding Agreement”) with JustFund Finance Pty Ltd (“JustFund”) in relation to the legal matters on which you are advising me. A copy of the Agreement is enclosed with this letter.

You are irrevocably instructed to act in accordance with the terms of this letter. The instructions contained in this letter may only be rescinded with the written consent of JustFund.

Invoices

1. You are instructed to send any invoices for fees in relation to my case to me by email, copied to JustFund by email to invoices@justfund.com.au.

2. You are instructed that JustFund may, from time to time, make payment on my behalf in respect of invoices associated with the Legal Matter defined in the Funding Agreement. Information

3. You are instructed to provide any information, including documents, and to answer any questions that JustFund may request.

4. You are instructed to provide a monthly written report to JustFund in a format prescribed by JustFund from time to time such that JustFund is regularly informed of all material developments in the Legal Matter as soon as reasonably practicable, including but not limited to:

   a. any development that may have an impact on the outcome or budget of the Legal Matter;

   b. the progress of any Settlement discussions or any Settlement Offer with the other parties to the Legal Matter;

   c. any pre-action or interlocutory (or equivalent) application you intend to make in respect of the Legal Matter;

   d. any court or tribunal hearing in the Legal Matter due to take place;

   e. any Settlement offer, Settlement, Unsuccessful Outcome or Successful Outcome; and/or

   f. any change in Your Law Firm’s assessment of the prospects of success in the Legal Matter, as a whole or in respect of any part or stage of the Legal Matter.

Distribution of Proceeds

5. You are instructed to take any and all steps necessary to ensure that all Proceeds, including funds from the sale or monetisation of Non-Cash Proceeds, are deposited to the client trust account.

6. You are instructed to distribute any Proceeds, including any Proceeds in the client trust account, in priority to any other party, to JustFund in accordance with the Funding Agreement.

7. In the event that funds are not deposited to the client trust account, You are required to ensure that in any settlement of the Legal Matter JustFund is repaid in accordance with the Funding Agreement either prior to, or simultaneously with, the distribution of any Proceeds in priority to any other party. This may include providing for JustFund to be paid directly pursuant to any court orders or settlement agreement. Acknowledgement

8. You are requested to sign and return the Law Firm Acknowledgement at the bottom of this letter to me and JustFund by electronic signature prescribed by JustFund.

Kind regards

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Name:

Date:

Law Firm Acknowledgement

We acknowledge this irrevocable letter of instruction.

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Name:

Date: