149Regulations fixing maximum costs recoverable by Australian legal practitioners

#### 149 Regulations fixing maximum costs recoverable by Australian legal practitioners 149 Regulations fixing maximum costs recoverable by Australian legal practitioners (cf s 113 [Workplace Injury Management and Workers Compensation Act 1998](/view/html/inforce/current/act-1998-086)) > > (1) The regulations may make provision for or with respect to the following— > > > > > (a) fixing maximum costs for legal services provided to a claimant or to an insurer in any motor accidents matter, > > > > > (b) fixing maximum costs for matters that are not legal services but are related to proceedings in any motor accidents matter (for example, expenses for investigations, for witnesses or for medical reports). > > > (2) An Australian legal practitioner is not entitled to be paid or recover for a legal service or other matter an amount that exceeds any maximum costs fixed for the service or matter by the regulations under this section. > > > (3) This section does not entitle an Australian legal practitioner to recover costs for a legal service or matter that a court or costs assessor determines were unreasonably incurred. > > > (4) This section and any regulations under this section prevail to the extent of any inconsistency with the legal costs legislation (as defined in section 3A of the [Legal Profession Uniform Law Application Act 2014](/view/html/inforce/current/act-2014-016)). An assessment under that legislation of any costs in respect of which provision is made by a regulation under this section is to be made so as to give effect to that regulation. > > > (5) The Minister is to consult the Councils of the Bar Association and the Law Society about any proposed regulation under this section. The validity of a regulation is not affected by a contravention of this subsection. > > **s 149:** Am 2006 No 120, Sch 3.16 \[1\] \[6\] \[7\]; 2015 No 7, Sch 2.30 \[5\].