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].