Confidentiality Agreement

This agreement is made between JustFund Pty Ltd, You and your client.

Purpose: 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.

Term: 3 years. 

Confidentiality & Privilege 

1. In this Agreement, where a Party is disclosing its Confidential Information to the other Party, it will be a “Discloser” and where a Party is receiving Confidential Information from a Discloser, it will be a “Receiver”.

2. The consideration for each party entering into this Agreement is the provision of Confidential Information by the other party. Each party acknowledges that this is valuable consideration.

3. The Recipient must keep all Confidential Information in strict confidence and use it solely for the Purpose. 

4. The Recipient may disclose Confidential Information to its Representatives. The Recipient must ensure that all such Representatives who have access to the Confidential Information keep the Confidential Information in strict confidence.

5. 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.

6. 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. 

7. 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. 

8. The parties acknowledge that the parties have a common, joint, and mutual legal interest to maintain the privileged status of the Confidential Information. 

9. The parties acknowledge that you, 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). 

10. Without assuming, increasing, or incurring additional obligations or liabilities on behalf of the Receiver or its Representatives, the parties acknowledge that: (a) the parties have a common, joint, and mutual legal interest to maintain the privileged status of the Confidential Information; (b) the parties and their counsel may exchange privileged and work product information, orally and in writing, including, without limitation, factual analyses, mental impressions, legal memoranda, source materials, draft legal documents, and other information (hereinafter “Common Interest Materials”); (c) the exchange of Common Interest Materials may best enable the parties to pursue their separate but common interests with respect to the legal matter that is the subject of the Purpose; and (d) any Common Interest Materials exchanged shall continue to be protected under all applicable privileges and no such exchange shall constitute a waiver of any applicable privilege or protection.

11. It is not a breach of this Agreement for the Recipient to disclose Confidential Information which it is obliged to disclose by law or court order. If the Recipient is required or anticipates that it may be required to do so, it must immediately notify the Discloser and use reasonable endeavours to delay and withhold disclosure until the Discloser has had a reasonable opportunity to oppose disclosure by lawful means.

12. The Recipient must destroy or return to the Discloser all of the Discloser’s Confidential Information immediately upon request by the Discloser.

13. The Discloser does not make any representation or warranty that the Confidential Information does not infringe the rights of another person or as to the accuracy of the Confidential Information. Neither party is liable to the other for any infringement or inaccuracy in the Confidential Information.

General

14. The parties agree that you are acting on behalf of your client in respect to this agreement and that you, your Client and JustFund will be bound by the terms of this Agreement by You submitting an application to JustFund. 

15. Each Party acknowledges that, in addition, to any other remedy that may be available in law or equity, the other Party is entitled to interim, interlocutory and permanent injunctions to prevent breach of this Agreement and to ensure specific performance of the Agreement.

16. This document and any dispute arising out of or in connection with the subject matter of this document is governed by the laws of New South Wales. 

13. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of New South Wales.

Definitions

“Common Interest Materials” has the meaning given to that term in clause 5 of this Agreement. 

“Confidential Information” means this Agreement (including the existence of this Agreement, the Purpose (including the existence of the Purpose) and all information concerning the Discloser or which is the property of the Discloser and which is disclosed in writing, orally or by any other means to the Recipient or its representatives. It includes any notes, copies or extracts made by the Recipient or its officers in relation to this information but does not include information which the Recipient can prove to the reasonable satisfaction of the Discloser: 

i) was publicly available, other than as a result of a breach of this Agreement;

ii) that the Recipient obtained it from a third party without breach by that third party of any obligation of confidence concerning that Confidential Information; or

iii) was already in the possession of the Recipient before being provided by the Discloser.

“Representatives” means to any of a party’s legal advisors, directors, employees, agents, officers, auditors, insurers, affiliates, current or potential funders and current or potential investors.