NSWIn ForceAct
Civil Liability Act 2002
26UMaximum legal costs of eligible claims
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#### 26U Maximum legal costs of eligible claims
26U Maximum legal costs of eligible claims
> > (1) The maximum costs for legal services provided to the plaintiff in connection with a victim claim that is eligible to be satisfied from a victim trust fund are fixed as follows—
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> > > (a) if the amount recovered on the claim does not exceed $100,000—maximum costs are fixed at 20% of the amount recovered or $10,000, whichever is greater,
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> > > (b) if the amount recovered on the claim exceeds $100,000 but does not exceed $250,000—maximum costs are fixed at 18% of the amount recovered or $20,000, whichever is greater,
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> > > (c) if the amount recovered on the claim exceeds $250,000 but does not exceed $500,000—maximum costs are fixed at 16% of the amount recovered or $45,000, whichever is greater,
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> > > (d) if the amount recovered on the claim exceeds $500,000—maximum costs are fixed at 15% of the amount recovered or $80,000, whichever is greater.
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> > (2) The regulations may prescribe an amount or percentage to replace any amount or percentage in subsection (1). When such a replacement amount or percentage is prescribed, it applies for the purposes of subsection (1) in place of the amount or percentage that it replaces.
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> > (3) Schedule 1 (Maximum costs in personal injury damages matters) to the [Legal Profession Uniform Law Application Act 2014](/view/html/inforce/current/act-2014-016) applies in respect of the maximum costs for legal services provided to a plaintiff in connection with a victim claim that is eligible to be satisfied from a victim trust fund as if subsections (1) and (2) of this section were substituted for subclauses (1) and (2) of clause 2 of that Schedule.
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> > (4) (Repealed)
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> > (5) The amount recovered on a claim is the full amount of the damages awarded (not just the amount ordered to be paid from a victim trust fund).
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> **s 26U:** Ins 2005 No 76, Sch 1 \[1\]. Am 2015 No 7, Sch 2.2 \[3\].