21Fixed costs for workers compensation matters

21 Fixed costs for workers compensation matters

21 Fixed costs for workers compensation matters

(1) For the Act, section 59(1)(a), the costs specified in Schedule 2, Parts 1–3 are fixed as the fair and reasonable costs for legal services specified in Schedule 2, Parts 1–3 provided in a workers compensation matter.

(2) For the Act, section 59(1)(g), the costs specified in Schedule 2, Part 4 are fixed as the amount of costs for the matters specified in Schedule 2, Part 4 that are not legal services but are related to proceedings in a workers compensation matter.

(3) However, after calculating the costs for legal services under Schedule 2, Parts 1 and 2 (the total costs), the fair and reasonable costs for the legal services are the total costs minus 10%.

(4) This section does not prevent a law practice from charging an additional allowance to the costs fixed by subsection (1) or (3) if—

(a) the legal service requires particular skill or attention by the Australian legal practitioner involved, and

(b) the amount of the allowance is no more than fair and reasonable in accordance with the Uniform Law, section 172.

(5) For the legal services specified in Schedule 2, Part 2—

(a) costs for senior counsel or more than one advocate are not fair and reasonable unless a court order approves the charging of the cost, and

(b) additional costs are fair and reasonable if a court orders that charging the costs is warranted because of special circumstances.

Note—

See the Workplace Injury Management and Workers Compensation Act 1998, sections 113, 334 and 335 in relation to the interaction of this section with costs fixed under that Act.