1. The Client irrecoverably authorises and appoints:
Elmassian Lawyers to:
- - act on their behalf in the recovery of their losses with respect to their motor vehicle accident;
- - deal directly with and take instructions from the Repairer and if applicable the Vehicle Replacement Company;
- - commence legal proceedings on their behalf, including but not limited to the filing of statement of claims, notice of motions, appearing on my behalf and negotiating settlements;
- - to deduct their legal fees from the settlement amount;
- - pay the repairer and if applicable the vehicle replacement company and/or any third-party recovery agency moneys owed to them from the settlement amount;
- - engage on their behalf, the services of another lawyer in a court or tribunal, eg. a barrister, in a matter and/or complicated matters other than in a court or tribunal, or another lawyer to provide specialist advice or perform work in another place.
- - the Repairer to be their agent, representative and attorney to provide instructions to Elmassian Lawyers in relation to all matters concerning the recovery of their losses.
2. Subject to clause 3, the Repairer will indemnify the Client in respect of any adverse costs order that may be made against the Client in legal proceedings in relation to the recovery of the Client’s losses.
3. The Client will do all things necessary and co-operate with the Repairer and Elmassian Lawyers in the recovery of their losses, including executing witness statements, giving evidence and providing any information as requested for by Elmassian Lawyers or the Repairer.