26Maximum costs for claims made by minors (section 8.3 (1))

#### 26 Maximum costs for claims made by minors (section 8.3 (1)) 26 Maximum costs for claims made by minors (section 8.3 (1)) > > (1) The maximum costs for legal services provided to a claimant in connection with an exempt minor claim are (unless otherwise ordered by the court) as follows— > > > > > (a) except as provided by paragraph (b) or (c)—$5,000, > > > > > (b) if the amount paid in resolution of the claim is more than $25,000 (but not more than $50,000) and no associate of the claimant has made a claim in respect of the motor accident concerned—$10,000, or > > > > > (c) if the amount paid in resolution of the claim is more than $50,000 (but not more than $75,000) and no associate of the claimant has made a claim in respect of the motor accident concerned—$15,000. > > > (2) A claim is an exempt minor claim if a certificate has been issued under section 7.34 of the Act to the effect that the claim is exempt from assessment under Division 7.6 of the Act solely on the ground that the claimant is, on the date on which the certificate is issued, under the age of 18 years. > > > (3) A person is an associate of a claimant if— > > > > > (a) at the time of the accident to which the claim relates, the person was an occupant of the same motor vehicle as the claimant, and > > > > > (b) the person has retained to act on the person’s behalf in respect of any claim arising from the motor accident the same law practice as the claimant has retained in respect of the claimant’s claim. > > > (4) This clause does not apply to a claim if the amount paid in resolution of the claim is more than $75,000. > > > (5) The maximum costs specified in this clause are inclusive of all legal services provided in the course of the claim during the period commencing on the acceptance of the retainer and ending on the resolution of the claim. > > > (6) If there is a change in the Australian legal practitioner retained by a claimant or insurer in connection with a claim to which this clause applies, the relevant costs are to be apportioned between the Australian legal practitioners concerned. > > > (7) Any dispute as to such an apportionment may be determined by the court or referred by either Australian legal practitioner concerned (or the client or insurer concerned) to the Commission for determination. > > > (8) In this clause— > > > > resolution means any final resolution of a claim, whether by way of settlement, an award of damages or otherwise. > > **cl 26:** Ins 2017 (639), Sch 1 \[3\]. Am 2019 (49), Sch 2 \[1\]; 2020 (744), Sch 1.2\[6\].