89DCompliance with Division

#### 89D Compliance with Division 89D Compliance with Division > > (1) The Commission may, in assessing costs on a claim that is the subject of assessment under this Part, impose a costs penalty on a party to the claim if the Commission is satisfied that— > > > > > (a) the party has failed without reasonable excuse to participate in a settlement conference or to make an offer of settlement as required by this Division, or > > > > > (b) the party has failed without reasonable excuse to provide a copy of a document to other parties before the parties’ settlement conference and the document was subsequently admitted to assessment under this Part despite that failure. > > > (2) The costs penalty that may be imposed on a party is a penalty of up to 25% (imposed by increasing the costs to be awarded against the party, or decreasing the costs to be awarded in favour of the party, by up to 25%). In this section, costs means costs for the provision of legal services (including disbursements). > > > (3) It is a condition of a licence granted under Part 7.1 that the licensed insurer must comply with the requirements of this Division. > > **s 89D:** Ins 2007 No 95, Sch 1 \[57\]. Am 2020 No 18, Sch 6.7\[40\].