If the Amending Legislation is not enacted: the Commonwealth will pay the Applicant’s costs on a party and party basis of: the Interlocutory Application; complying with, or taking action pursuant to, orders 1.2, 5, 6, 9, 11 and 12.2 of the Orders; and work actually undertaken by the Applicant in entering this Deed; and the Applicant shall have no other redress against the Commonwealth related to the Amending Legislation not being enacted and will not seek any other redress from the Commonwealth related to the Amending Legislation not being enacted. For the avoidance of doubt, clause 2.4.6 does not prevent the Applicant from claiming his costs of the Representative Proceeding if the Representative Proceeding is continued because the Amending Legislation is not enacted. Clause 2.4.6.a is subject to the Applicant providing the Commonwealth with information as to the amount of the costs referred to in clause 2.4.6.a so that relevant spending approvals can be obtained, with the Commonwealth to specify the level of information to be provided and to bear the costs of providing that information. Commonwealth makes no admission of legal liability The Applicant agrees and acknowledges that the settlement as set out in this Deed is made without admitting or conceding any legal liability whatsoever on the part of the Commonwealth or any of the persons referred to in paragraph b of the definition of Released Persons in clause 1.1.1.a. Applications to the BSWAT Payment Scheme The Applicant and the Defined Group Members are each at liberty to apply for a payment under the BSWAT payment scheme, subject to the requirements of Division 2 of Part 3 of the BPS Act regarding registration and application and the eligibility condition in s 6(4) of the BPS Act being met. The Commonwealth will take active steps to promote and facilitate registration in, and application to, the BSWAT payment scheme by the Defined Group Members in particular, as well as others who may be eligible for the BSWAT payment scheme. Defined Group Members are bound by this Deed The Applicant enters into this Deed both on his own behalf and for and on behalf of the Defined Group Members pursuant to Part IV of the FCA Act. This Deed binds:
If the Amending Legislation is not enacted: the Commonwealth will pay the Applicant’s costs on a party and party basis of: the Interlocutory Application; complying with, or taking action pursuant to, orders 1.2, 5, 6, 9, 11 and 12.2 of the Orders; and work actually undertaken by the Applicant in entering this Deed; and the Applicant shall have no other redress against the Commonwealth related to the Amending Legislation not being enacted and will not seek any other redress from the Commonwealth related to the Amending Legislation not being enacted. For the avoidance of doubt, clause 2.4.6 does not prevent the Applicant from claiming his costs of the Representative Proceeding if the Representative Proceeding is continued because the Amending Legislation is not enacted. Clause 2.4.6.a is subject to the Applicant providing the Commonwealth with information as to the amount of the costs referred to in clause 2.4.6.a so that relevant spending approvals can be obtained, with the Commonwealth to specify the level of information to be provided and to bear the costs of providing that information. Commonwealth makes no admission of legal liability The Applicant agrees and acknowledges that the settlement as set out in this Deed is made without admitting or conceding any legal liability whatsoever on the part of the Commonwealth or any of the persons referred to in paragraph b of the definition of Released Persons in clause 1.1.1.a. Applications to the BSWAT Payment Scheme The Applicant and the Defined Group Members are each at liberty to apply for a payment under the BSWAT payment scheme, subject to the requirements of Division 2 of Part 3 of the BPS Act regarding registration and application and the eligibility condition in s 6(4) of the BPS Act being met. The Commonwealth will take active steps to promote and facilitate registration in, and application to, the BSWAT payment scheme by the Defined Group Members in particular, as well as others who may be eligible for the BSWAT payment scheme. Defined Group Members are bound by this Deed The Applicant enters into this Deed both on his own behalf and for and on behalf of the Defined Group Members pursuant to Part IV of the FCA Act. This Deed binds: