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Civil Law (Wrongs) Act 2002
181Maximum costs for claims of $50 000 or less
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181 Maximum costs for claims of $50 000 or less
(1) This section applies if the amount recovered on a claim for personal
injury damages is $50 000 or less.
(2) If this section applies—
(a) a lawyer is not entitled to be paid; and
(b) a court (or a taxing officer) must not decide that a lawyer is
entitled to be paid; and
Part 14.1 Maximum costs for certain personal injury damages claims
(c) a court must not order anyone to pay to a lawyer;
an amount for legal services in relation to the claim that (or that
together with other amounts) is more than the maximum costs
allowable under this section.
(3) Subsection (2) is subject to the following sections:
• section 182 (Costs incurred after offer of compromise not
accepted)
• section 183 (Exclusion of costs unnecessarily incurred etc)
• section 184 (Court discretion to allow additional costs).
(4) The maximum costs allowable for legal services provided to the
plaintiff in relation to the claim are the greater of—
(a) the relevant percentage of the amount recovered; and
(b) the relevant amount.
(5) The maximum costs allowable for legal services provided to the
defendant in relation to the claim are the greater of—
(a) the relevant percentage of the amount sought to be recovered by
the plaintiff; and
(b) the relevant amount.
amount recovered, on a claim—
(a) includes an amount paid under a compromise or settlement of
the claim, whether or not an action has been begun; but
(b) does not include an amount attributable to costs or to the
addition of interest.
amount sought to be recovered by a plaintiff means, if an action is
begun—
(a) the amount sought to be proved by the plaintiff at the hearing of
the claim; or
(b) if the claim is for unliquidated damages—the amount that the
court (or a taxing officer) decides is, for this section, the amount
sought to be recovered by the plaintiff on the claim.
relevant amount means $10 000 or, if another amount is prescribed
by regulation for this definition, the prescribed amount.
relevant percentage means 20% or, if another percentage is
prescribed by regulation for this definition, the prescribed percentage.