Common use of OUR ESTIMATE OF LEGAL COSTS Clause in Contracts

OUR ESTIMATE OF LEGAL COSTS. 10.1. As at the date of this agreement, Xxxxxxx Xxxxxxxxx’x estimates of the Legal Costs are as follows: YOU WILL NOT PAY ANY AMOUNT UNLESS AND UNTIL THERE IS A SUCCESSFUL OUTCOME Note: This estimate is for costs payable for Individual Legal Work and your share of Common Benefit Work costs and includes barristers’ costs and other Disbursements. YOUR SHARE OF COMMON BENEFIT WORK COSTS Note: Your share of Common Benefit Work Costs is calculated by reference to the value of Your Claim as a proportion of the total of all Claims. Without knowing the final totals of factors such as the amount of any Resolution Sum or the number of Claimants involved, it is impossible at this early stage to provide you with a practical estimate of the cost amount you will bear, other than to say it will never exceed any payment you are due upon success. We can however provide you with a practical example of how the cost proportion will work for you, based on the examples below: Example A: If the class action were to settle for $100m inclusive of costs and disbursements of $8m, a person whose share of the settlement was $10,000 (before deduction of the legal costs) would contribute $800 towards legal costs. Example B: If the case were to resolve for $70m inclusive of costs and disbursements of $10m, a person whose share of the settlement was $14,000 (before deduction of the legal costs) would contribute $2,000 towards legal costs. INDIVIDUAL LEGAL WORK ESTIMATE (inc GST) In most of the cases we run, few if any individual costs are incurred because it is exceedingly rare for cases to progress to the point where individual claims are determined. If we were required to prosecute your individual case our current estimate of costs associated with that work is set out below: Obtaining instructions $5,000 Preparing and settling individual damages claim $10,000 ESTIMATE OF TOTAL COSTS BORNE BY XXXXXXX XXXXXXXXX UNLESS THERE IS A SUCCESSFUL OUTCOME Note: This estimate is for costs payable for Common Benefit Work and includes barristers’ costs and other Disbursements. These costs will be borne by Xxxxxxx Xxxxxxxxx as indicated below unless there is a Successful Outcome, in which case they will be shared among Claimants (as set out above). COMMON BENEFIT WORK COSTS Professional Fees borne by Xxxxxxx Xxxxxxxxx (100%) (Incl GST) Disbursements borne by Xxxxxxx Xxxxxxxxx (Incl GST, but excluding any After the Event Insurance Policy Costs) Merit investigation $408,000 $40,000 Application & Statement of Claim $194,000 $151,000 Particulars, defence, and close of pleadings $145,000 $39,000 Discovery $2,076,000 $527,000 Subpoenas $189,000 $55,000 Evidence $1,086,000 $1,657,000 Interlocutory procedures $707,000 $397,000 Settlement negotiations and mediation $329,000 $179,000 Preparation for hearing $616,000 $341,000 Multi-party function $521,000 $50,000 Other (Including liaison with funder) $109,000 $9,000 Trial $1,206,000 $1,364,000 Total $7,586,000 $4,809,000 REIMBURSEMENT OF AFTER THE EVENT INSURANCE POLICY COST In the event of a Successful Outcome where the Resolution Sum is $50 million or greater, Xxxxxxx Xxxxxxxxx will seek reimbursement of any After the Event Insurance Policy Costs. Xxxxxxx Xxxxxxxxx estimates that the costs of such a policy, if obtained, will be approximately $2.5 million.

OUR ESTIMATE OF LEGAL COSTS. 10.1. As at the date of this agreement, Xxxxxxx Xxxxxxxxx’x estimates of the Legal Costs are as follows: YOU WILL NOT PAY ANY AMOUNT UNLESS AND UNTIL THERE IS A SUCCESSFUL OUTCOME Note: This estimate is for costs payable for Individual Legal Work and your share of Common Benefit Work costs and includes barristers’ costs and other Disbursements. YOUR SHARE OF COMMON BENEFIT WORK COSTS Note: Your share of Common Benefit Work Costs is calculated by reference to the value of Your Claim as a proportion of the total of all Claims. Without knowing the final totals of factors such as the amount of any Resolution Sum or the number of Claimants involved, it is impossible at this early stage to provide you with a practical estimate of the cost amount you will bear, other than to say it will never exceed any payment you are due upon success. We can however provide you with a practical example of how the cost proportion will work for you, based on the examples below: Example A: If the class action were to settle for $100m inclusive of costs and disbursements of $8m, a person whose share of the settlement was $10,000 (before deduction of the legal costsProject Costs) would contribute $800 towards legal costs. Example B: If the case were to resolve for $70m inclusive of costs and disbursements of $10m, a person whose share of the settlement was $14,000 (before deduction of the legal costsProject Costs) would contribute $2,000 towards legal costs. Please note that these examples do not take into account the amounts payable to the Funder pursuant to the Funding Agreement. INDIVIDUAL LEGAL WORK ESTIMATE (inc GST) In most of the cases we run, few if any individual costs are incurred because it is exceedingly rare for cases to progress to the point where individual claims are determined. If we were required to prosecute your individual case our current estimate of costs associated with that work is set out below: Obtaining instructions $5,000 Preparing and settling individual damages claim $10,000 ESTIMATE OF TOTAL COSTS BORNE BY THE FUNDER AND XXXXXXX XXXXXXXXX UNLESS THERE IS A SUCCESSFUL OUTCOME Note: This estimate is for costs payable for Common Benefit Work and includes barristers’ costs and other Disbursements. These costs will be borne by Xxxxxxx Xxxxxxxxx or the Funder as indicated below unless there is a Successful Outcome, in which case they will be shared among Claimants (as set out above). COMMON BENEFIT WORK COSTS Professional Fees Paid by Funder (75%) (Incl GST) Professional Fees borne by Xxxxxxx Xxxxxxxxx (10025%) (Incl GST) Disbursements borne Paid by Xxxxxxx Xxxxxxxxx Funder (Incl GST, but excluding any After the Event Insurance Policy Costs) Merit investigation $408,000 710,820 $40,000 236,940 $113,300 Application & Statement of Claim $194,000 209,748 $151,000 69,916 $207,400 Particulars, defence, and close of pleadings $145,000 100,683 $39,000 Discovery 33,561 $2,076,000 59,500 Discovery1 $527,000 1,512,669 $504,223 $539,683 Subpoenas $189,000 60,951 $55,000 20,317 $17,100 Evidence $1,086,000 924,462 $1,657,000 308,154 $2,147,150 Interlocutory procedures $707,000 393,063 $397,000 131,021 $240,500 Settlement negotiations and mediation $329,000 249,843 $179,000 83,281 $140,950 Preparation for hearing $616,000 420,750 $341,000 140,250 $395,500 Multi-party function $521,000 448,932 $50,000 149,644 $70,000 Other (Including liaison with funderFunder) $109,000 103,818 $9,000 34,606 $0 Trial $1,206,000 642,510 $1,364,000 214,170 $780,600 Total $7,586,000 5,778,249 $4,809,000 REIMBURSEMENT 1,926,083 $4,711,683 ESTIMATE OF AFTER ANY UPLIFT FEE IN THE EVENT INSURANCE POLICY COST OF A SUCCESSFUL OUTCOME In the event of a Successful Outcome where the Resolution Sum Outcome, an Uplift Fee of 25% is $50 million or greater, payable to Xxxxxxx Xxxxxxxxx will seek reimbursement on the Conditional Percentage of Xxxxxxx Xxxxxxxxx’x Professional Fees. It is not reasonably practical to estimate the amount of any After Uplift Fee, but if all of the Event Insurance Policy Costs. Xxxxxxx Xxxxxxxxx estimates that above steps are necessary to secure the costs of such a policySuccessful Outcome, if obtained, will the Uplift Fee would be approximately $2.5 million500,000 (incl GST). Note: These are preliminary estimates based on our current understanding of the Claims. They are not binding on us. We will give you revised estimates if our view changes.