66Costs of the SCM

#### 66 Costs of the SCM 66 Costs of the SCM > > (1) If the SCM is not one of the defendants, the costs of the SCM are payable as agreed between the defendants and the SCM. > > > (2) If the SCM is one of the defendants, each of the other defendants is liable to reimburse the SCM in respect of the SCM’s costs an amount that is the sum of the following amounts— > > > > > (a) the amount calculated by dividing half the amount of the SCM’s costs by the number of defendants (including the SCM), > > > > > (b) a share of half the amount of the SCM’s costs in the same proportion as the defendant’s apportioned share of responsibility for the plaintiff’s claim. > > > (3) For the purposes of this clause, the costs of the SCM are the costs and expenses incurred by the SCM in the exercise of functions as the SCM, including— > > > > > (a) any costs of mediation or the remuneration of a Contributions Assessor borne by the SCM, and > > > > > (b) in relation to an SCM who is not one of the defendants, the remuneration of the SCM, and > > > > > (c) in relation to an SCM who is a defendant, the defendant’s operational costs (including internal legal costs) and its external costs (including expert reports and external legal costs). > > > (4) The Minister may by order published in the Gazette establish a scale of costs for use in determining the operational costs of an SCM that are allowable for the purposes of this clause. > > > (5) The external legal costs of an SCM are subject to assessment under the [Legal Profession Uniform Law (NSW)](/view/html/inforce/current/act-2014-16a) on the application of a defendant required under this clause to reimburse the SCM for any amount of those costs.