Motor Accidents Compensation Regulation 2020

The Regulation is organised around a small number of regulatory concepts that control the flow of money and information in motor accidents claims. Key concepts written into the text are:

• Maximum costs and fees: Schedules 1 and 2 set maxima for legal services and medico‑legal services respectively (cl 6(1), cl 11(1)). Schedule 1 uses a combination of flat MU amounts for discrete stages and formulae that scale with the settlement/assessment amount (Schedule 1 cl 1, Tables A and B). Schedule 2 lists maximum fees for appearances and report preparation (Schedule 2 items 1-10).

• Monetary unit (MU) as an indexing device: Values in Schedules are denominated in MU. Schedule 3 prescribes MU = $100 for 2019-20 and a CPI‑indexed amount thereafter using Sydney CPI for the June quarter (Schedule 3 cl 2(1), editorial note). Rounding rules apply (Schedule 3 cl 2(2)-(3) and cl 3).

• Cost ceilings versus contracting out: The Regulation fixes ceiling amounts but permits contracting out of those ceilings for practitioner and client fees only if precise procedural and disclosure conditions are met (cl 8(1)). Contracting out for claimants is restricted to claims settled for more than $50,000 and is subject to a cap that effectively leaves the claimant responsible for any contracted amount in excess of the first $50,000 of the resolution (cl 8(1)(e), (2)).

• Assessment exemptions: The Regulation identifies claims that are exempt from assessment under Part 4.4 of the Act (cl 12A). These include persons under legal incapacity and other enumerated categories (cl 12A(1)-(2)).

• Limits on expert witnesses: The Regulation limits the number and type of experts whose fees can be included in an award or assessment (cl 12). By default only one medical expert per specialty and two non‑medical experts are recoverable unless the Commission or court allows more; an exception allows two medical experts in a specialty where there is a substantial issue under s 58(1)(d) of the Act (cl 12(1), (3)).

• Duties about cost data and referral fees: A duty requires legal practitioners to provide a costs breakdown at finalisation to the Authority for scheme evaluation (cl 24). Separately, legal practitioners are prohibited from giving or receiving consideration for referrals in relation to claims, and associates are caught by that duty (cl 25).

• Timeframes and payment obligations: Insurers must pay assessed damages within 20 business days of the claimant’s acceptance (cl 22(1)), with detailed rules where law requires deductions (cl 22(2)). Interest on unpaid assessed sums accrues at 75% of the Civil Procedure Act rate (cl 22(3)-(4)).

• Excluded cost items: The Regulation lists categories of costs not regulated by Part 2, Division 4 (cl 4). Examples include travel costs of claimants, court fees, interpreter fees and certain professional reports; these remain outside the statutory maxima except where expressly included.

These concepts function through a mix of fixed schedules, statutory cross‑referencing to the Act (for example s 149 and s 150 of the Act cited in cl 5 and cl 10), procedural duties on professionals, and administrative responsibilities placed on the Authority (indexing notices, approval of costs breakdown form, recognition of AMA List) (Schedule 3 cl 4, cl 24(2)-(6), cl 20(4)).

The Regulation assigns rights, obligations and information flows among a set of identifiable stakeholders. The primary affected groups are:

• Claimants: The Regulation limits the costs they may recover for legal services (Schedule 1) and medico‑legal reports (Schedule 2) in claims under the Act. Claimants under 18 are subject to specific cost caps where a certificate under s 92 exempts their claims from assessment (cl 9). Claimants also face duties indirectly: if they fail to attend a President‑ordered medical assessment without reasonable excuse, the Authority may recover costs from the claimant (cl 17). Claimants are the recipients of assessed damages and therefore the timing rules in cl 22 directly affect when they will receive payment.

• Insurers: Insurers are the primary payers for assessed damages and for most regulated costs. The Regulation prescribes insurer liabilities for legal costs (Schedule 1, cl 6), medico‑legal fees (Schedule 2, cl 11), and treatment fees (cl 20). If an insurer does not accept an assessment within 21 days after a certificate, the insurer becomes liable for all claimant costs incurred after the certificate and the statutory maxima do not apply to those costs (cl 16). Insurers also must comply with deduction procedures when the law requires deductions from assessed amounts (cl 22(2)).

• Legal practitioners and law practices: Practitioners acting for claimants or insurers must observe the maximum cost schedules (cl 6(1)), apportion costs if the practitioner changes (cl 6(2)-(3)), and comply with the disclosure and costs agreement rules if contracting out (cl 8(1)(a)-(c)). A solicitor representing a claimant must provide the Authority with a costs breakdown when the claim is finalised (cl 24(2)-(5)). Legal practitioners are bound by referral fee prohibitions and must not give or receive consideration for referrals; close associates are captured (cl 25(1)-(5)).

• Medical practitioners and health practitioners: Medical reports and attendance fees are capped in Schedule 2 (cl 11). The Regulation ties the form of reports to Motor Accidents Medical Guidelines if those guidelines require a particular form (cl 11(2)). Attendance fee entitlements and cancellation fees are specified (Schedule 2 items 1-4 and 10). Medical practitioners providing attending reports may not be claimable for certain initial reports unless a claimant has asked for the report and the insurer fails to provide it in reasonable time (cl 11(3)).

• The Authority and the President: The Authority has administrative duties, including approving the form of costs breakdowns, recognising the AMA List for treatment fees (cl 20(4)), notifying Parliamentary Counsel of MU changes (Schedule 3 cl 4(1)(a)), and communicating information to the Minister and the Legal Services Commissioner (cl 24(6)-(7)). The President schedules medical assessments and may incur costs recoverable from claimants for non‑attendance (cl 17).

• Courts and the Commission: The Commission makes assessments and can include costs in assessments (cl 13). The Commission and courts can grant leave to exceed expert witness limits (cl 12(2)). Parties have appeal rights against assessments as provided (cl 15), and courts can determine apportionment disputes and make orders varying maxima (cl 6(3)-(5), cl 9(5)).

• Third parties named in the Act: The Regulation prescribes that APRA is a prescribed authority for access to protected information under s 217(2)(b) of the Act (cl 23), which identifies a regulated disclosure pathway.

Overall, the concrete financial burdens fall primarily on insurers (payment of damages and regulated costs), legal practitioners and medical practitioners (restricted recovery through fixed maxima and obligations to provide information), and claimants (limits on recoverable costs, duties regarding attendance and potential liability for some Authority costs). The Authority and Commission are tasked with operational and enforcement roles.

The Regulation creates a network of statutory duties and rights that structure legal and medical cost recovery, administration and information flows. Important duties and rights, with the source clauses, are:

• Right to maximum amounts: Legal practitioners and medical practitioners have set maximum amounts they may recover for services in motor accidents matters, fixed by Schedule 1 and Schedule 2 respectively (cl 6(1), cl 11(1)). Section 149 of the Act is the enabling head (cl 5(1) references s 149).

• Apportionment and dispute mechanism on change of practitioner: If the retained legal practitioner changes, costs are to be apportioned between practitioners (cl 6(2)). Disputes about apportionment may be referred to the Commission for determination, unless the matter is exempt from assessment (cl 6(3)-(4)). Practitioners have appeal rights against such determinations equivalent to those under the Legal Profession Uniform Law (cl 6(5)).

• Contracting out of regulated maxima for practitioner and client costs: Contracting out of Schedule 1 maxima is possible for practitioner and client costs only if a practitioner makes the statutory disclosure under the Legal Profession Uniform Law (NSW), enters a costs agreement according to that law, provides a separate written warning to the client that even if costs are awarded the client will be liable for amounts above those payable under the Act, supplies a costs breakdown to the Authority at finalisation (for claimants), and the claim settles for more than $50,000 (cl 8(1)(a)-(d), (e)). Where contracting out occurs, the maximum recoverable on a practitioner and client basis is capped at the amount equal to the settlement minus $50,000 (cl 8(2)), and contracting out rules do not apply if the party is an insurer (cl 8(6)). Conditional costs agreements with success premiums are excluded from the contracting‑out pathway (cl 8(5)).

• Special caps for child claimants: Where a claim is exempt from assessment solely because the claimant is under 18, and the resolution is not more than $50,000, maximum legal costs are capped at $5,000 except where the resolution is over $25,000 and no associated person has made a claim,then the cap is $10,000,these caps include all legal services from retainer acceptance to resolution (cl 9(1)-(3)).

• Limits on expert witnesses recoverable in awards: Awards and assessments include costs for only one medical expert in any specialty and two other experts, unless the Commission or court agrees to more (cl 12(1)-(2)). Where there is a substantial issue under s 58(1)(d) of the Act, two medical experts per specialty may be allowed (cl 12(3)). Clause 12 extends to medical assessments (cl 12(4)).

• Evidence and report form standards: Medical reports are to conform to the Motor Accidents Medical Guidelines if those guidelines require a particular form (cl 11(2)). For attending medical practitioners’ initial reports, claimants may only claim fees listed in Schedule 2 items 5 or 6 if the claimant requested the insurer provide the report and the insurer failed to do so within a reasonable time (cl 11(3)).

• Duty to provide costs breakdown: A solicitor who represents a claimant at the time of finalisation must ensure the Authority receives a costs breakdown in the Authority’s approved form (cl 24(2)). This applies to all claims regardless of whether damages are payable, whether the claim is exempt from assessment, or whether contracting out occurred (cl 24(3)), but not where the claimant incurred no legal fees (cl 24(4)). The duty falls on the solicitor (not a barrister) if both act for the claimant (cl 24(5)). The Authority may provide that information to the Minister and forward it to the Legal Services Commissioner (cl 24(6)-(7)).

• Prohibition on referral consideration: Legal practitioners must not receive or give consideration for referrals relating to services in the claimant’s matter; close associates are treated as receiving or giving consideration (cl 25(1)-(4)). Consideration is broadly defined to include fees or benefits but excludes reasonable hospitality (cl 25(5)).

• Time for insurer payment and interest: Insurers must pay an assessed amount within 20 business days after a claimant’s acceptance (cl 22(1)). If deductions must be made by law, insurers must notify the payee and request advice within 10 business days and then pay the balance within 20 business days after receiving that advice, or after all relevant advice if multiple payees are involved (cl 22(2)). Interest accrues on unpaid portions at 75% of the Civil Procedure Act prescribed rate (cl 22(3)-(4)).

• Authority and Commission powers: The Commission may include cost assessments when specifying damages (cl 13(1)), have regard to settlement offers and Legal Profession Uniform Law principles (cl 13(3)(a), (c)), and must respect court requirements and cl 12 (cl 13(3)(b)). The Commission may assess reasonable costs for compliance with Personal Injury Commission Act directions (cl 14).

These duties and rights are expressed as prescriptive statutory requirements and ceilings; the Regulation couples them with administrative duties on the Authority (indexing, recognition of fee lists) and specified procedural consequences (e.g. apportionment processes and appeals).

The Regulation primarily enforces limits and duties through ceilings, assessment mechanisms and administrative reporting, rather than by creating new separate criminal or administrative penalty schemes in its text. The enforcement and remedial mechanisms provided by the Regulation are:

• Assessment enforcement via the Commission: The Commission can include costs in its assessments under Part 4.4 of the Act (cl 13(1)). The Commission’s assessment must not exceed the maxima in Schedules 1 and 2 (cl 13(4)). The Commission may also have regard to offers of settlement and to Legal Profession Uniform Law principles when determining costs (cl 13(3)(a), (c)).

• Appeals against assessments: Persons who are affected by an assessment made under the Division (claimant, insurer, legal practitioner) have the same right of appeal as they would have under section 89 of the Legal Profession Uniform Law Application Act 2014 in relation to a costs assessor decision (cl 15). Those appeal pathways are the statutory route to challenge assessments.

• Financial consequences for insurers who do not accept assessments: If an insurer does not accept an assessment within 21 days of the certificate, the insurer becomes liable to pay all claimant costs incurred after the certificate and statutory maximums do not cap those costs (cl 16(1)-(2)). This creates a direct financial enforcement mechanism encouraging insurer acceptance or timely resolution.

• Interest on late payments by insurers: An insurer that delays payment beyond the statutory time must pay interest on unpaid assessed damages at a rate fixed at 75% of the Civil Procedure Act 2005 rate (cl 22(3)-(4)). This imposes a quantifiable cost for late payment by insurers.

• Authority powers to recover costs for non‑attendance: If a claimant fails to attend or cancels a President‑ordered medical assessment without reasonable excuse within 72 hours, the Authority may recover reasonable costs incurred by the President as a consequence of the non‑attendance or cancellation (cl 17(1)-(2)). This is an administrative recovery power tied to compliance with medical assessment scheduling.

• Duty reporting and referral of information to regulatory bodies: The Authority may forward information obtained from costs breakdowns to the Legal Services Commissioner (cl 24(7)). While the Regulation does not state specific sanctions, referral to the Legal Services Commissioner opens the possibility of regulatory action under the Legal Profession Uniform Law regime for misconduct revealed by the breakdowns or referral fee breaches.

• Prohibitions on referral consideration: Clause 25 imposes duties not to give or receive consideration for referrals. The Regulation does not itself prescribe specific fines or criminal sanctions for breach, but the prohibition is framed as a professional duty and, given cl 24(7), breaches can be referred to the Legal Services Commissioner for potential disciplinary action under the legal profession regulatory framework.

• Limits and exclusions: The Regulation's primary enforcement is the statutory barring of recovery beyond the maxima, which operates as a monetary disincentive. Section 149 of the Act (cited in cl 5 and cl 10) provides the enabling power that a practitioner is not entitled to be paid or recover amounts in excess of maxima fixed by regulation.

Notably, the Regulation does not itself specify express criminal penalties or administrative pecuniary penalties in its text. Enforcement is effected by limiting entitlement to recover amounts, by administrative recovery powers (cl 17), by interest for delayed payments (cl 22), by the Commission’s assessment and the appeal process (cl 13, cl 15), and by regulatory referral pathways (cl 24(7)). Practitioners should therefore view enforcement as exercised through cost non‑recovery, administrative recovery and professional discipline pathways rather than new fines created by the Regulation itself.

The Regulation is explicitly cross‑referenced to several other statutory regimes and instruments, and its operation depends on those links:

• Motor Accidents Compensation Act 1999 (the Act): The Regulation is subordinate to and operates under the Act. Clauses repeatedly reference procedural provisions of the Act (for example the enabling sections s 149 and s 150 referenced in cl 5 and cl 10) and implement the mechanics of Parts 3 and 4 of the Act (cl 13(1) refers to Part 4.4 assessments, cl 17 references Part 3.4 medical assessments). The Regulation determines maximum recoverable amounts and procedural duties that are effective under the Act’s framework.

• Legal Profession Uniform Law (NSW) and associated Acts: The Regulation imports standards and processes from the Legal Profession Uniform Law (LPUL) framework. Clause 8 requires disclosure under Division 3 of Part 4.3 of the LPUL and a costs agreement under Division 4 for contracting out. Clause 6(5) gives an Australian legal practitioner the same right of appeal against an apportionment determination as under section 205 of the Legal Profession Uniform Law (NSW), if the determination were a costs assessor decision. Clause 13(3)(c) requires the Commission to have regard to the principles in s 200 of the LPUL. Clause 15 relies on appeal rights under the Legal Profession Uniform Law Application Act 2014.

• Civil Procedure Act 2005: Clause 22(4) sets the rate of interest on unpaid assessed damages at 75% of the rate prescribed for section 101 of the Civil Procedure Act 2005. The Regulation therefore links post‑assessment interest calculations to the Civil Procedure Act.

• Health Practitioner Regulation National Law (NSW): The Regulation adopts the definition of health practitioner from the Health Practitioner Regulation National Law (cl 3). Schedule 2 refers to "health practitioners" and medical evidence/reports, so those definitions matter for application.

• Personal Injury Commission Act 2020: Clause 14 authorises the Commission to assess reasonable costs related to directions under section 49 of the Personal Injury Commission Act 2020, tying the Regulation to the procedural machinery of the PIC Act.

• Medicare/GST and Commonwealth tax law: Clause 19 refers to GST having the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth), and allows a statutory addition to maximum amounts for GST subject to a 10% cap on the maximum amount for GST recoverable by practitioners. That creates an interaction with Commonwealth tax law about GST applicability.

• Road vehicle and registration laws: Clause 21 prescribes classes of vehicles for the purposes of section 10A(1)(c) of the Act and cross‑references Commonwealth vehicle standards statutes (Road Vehicle Standards Act 2018 and Motor Vehicle Standards Act 1989) and the Road Transport Act 2013. Thus, definitions and vehicle status under Commonwealth and NSW road laws influence whether a vehicle falls within a prescribed class for unregistered vehicle permits.

• Australian Medical Association List: Clause 20 adopts the AMA List (List of Medical Services and Fees dated 1 December 2019, as amended and recognised by the Authority) as the maximum payable by insurers for certain treatment covered by s 56 of the Act. The AMA List therefore functions as an external pricing instrument incorporated by reference and recognised by publication in the Gazette.

• Legal Services Commissioner and professional discipline regimes: Clause 24(7) permits the Authority to forward information obtained from costs breakdowns to the Legal Services Commissioner, linking the Regulation’s reporting duties to the legal profession disciplinary process under the LPUL framework.

• Subordinate legislation and indexing: Schedule 3 requires the Authority to notify Parliamentary Counsel for publication on the NSW legislation website of MU changes (Schedule 3 cl 4(1)(a)) and to give public notice on an appropriate government website (Schedule 3 cl 4(1)(b)), creating administrative interactions with Parliamentary Counsel and government publishing requirements.

The Regulation frequently assumes the continuing operation of definitions and interpretative rules in the Act and the Interpretation Act 1987 (cl 3 note). Practitioners and insurers must therefore read the Regulation together with the Act, the LPUL, the Civil Procedure Act and other referred instruments to understand full legal effect, especially on appeal rights, professional duties and interest calculations.

The Regulation contains internal marginal notes indicating amendments and insertions at various points. The document itself records its commencement and replacement relationship to the earlier 2015 Regulation: it commenced on 1 September 2020 and replaces the Motor Accidents Compensation Regulation 2015 (cl 2). Specific amendment notations within the Regulation include:

• Clause 3 carries marginal notes "Am 2020 (744), Sch 2[1] [2]" indicating an amendment in 2020, Schedule 2 items 1-2 of the amending instrument; the clause as presented includes updated definitions (cl 3(1) definitions of costs breakdown, health practitioner, MU, and the Act).

• Clauses 4, 6, 9, 11, 12 and other items include "Am 2020 (744), Sch 2" references, identifying the 2020 instrument as having amended multiple clauses (for example, cl 4 is annotated "Am 2020 (744), Sch 2[3]" and cl 6 is "Am 2020 (744), Sch 2[4]" etc). Those marginal notes indicate that Schedule 2 to the amending instrument number 744 of 2020 adjusted the Regulation text in multiple places when the 2020 Regulation was made.

• Clause 12A is an insertion with marginal note "Ins 2020 (744), Sch 2[6]" marking that the clause exempting certain claims from assessment was inserted in 2020.

• Clause 14 is marked "Subst 2020 (744), Sch 2[8]" indicating substitution in 2020 of the earlier text with the present version assessing costs related to PIC Act directions.

• Clause 21 contains "Am 2021 No 22, Sch 5.4[1] [2]" indicating an amendment in 2021 (No 22) that altered clause 21 (vehicle classes).

• Schedule 1 is marked "sch 1: Am 2020 (744), Sch 2[10]-[14]" indicating the Schedule itself was amended in multiple parts by the 2020 instrument.

• Schedule 3 includes an editorial note listing MU amounts for adjustment years 2020-21 through 2025-26. Those amounts show practical indexing outcomes over successive adjustment years (Schedule 3 editorial note).

• Schedule 4, Part 1 contains saving and transitional provisions, including that acts or things that had effect under the repealed 2015 Regulation continue under the 2020 Regulation and that clause 8 applies to existing claims only for costs incurred after commencement (Schedule 4 cl 1-2).

The Regulation therefore has a recorded amendment history dating to its 2020 enactment and at least one post‑commencement amendment in 2021. The marginal annotations in the Regulation are the only amendment history details present in this text. The Regulation also contains internal notes instructing the Authority about indexing and public notice (Schedule 3 cl 4), which creates an administrative path for future indexed amendments of MU without separate legislative instruments because the Schedule prescribes the method for adjustment.

The text does not contain further historical legislative metadata such as full list of amending Acts or regulatory instruments beyond the marginal notes cited. Users requiring a comprehensive chronicle of every amending instrument should consult the NSW legislation database or the official consolidated version where the marginal notes can be followed to the amending instruments indicated.

The Regulation text supplied contains no reported case law, adjudicated disputes or judicial decisions applying it. It does, however, provide statutory routes for litigation and appeals:

• Apportionment determinations by the Commission under cl 6(3) may be appealed as if they were decisions of costs assessors under the Legal Profession Uniform Law (cl 6(5)). Clause 15 extends appeal rights against assessments under this Division to claimants, insurers and legal practitioners by reference to the appeal structure in the Legal Profession Uniform Law Application Act 2014.

• The Commission may include costs in assessments and must have regard to court requirements (cl 13(1)-(3)). If a court remits a matter to the Commission for further assessment after refusing to determine a matter post‑certificate, the Commission may reassess costs (cl 13(2)).

• Clause 16 sets a deterministic financial consequence if an insurer fails to accept an assessment within 21 days post‑certificate: the insurer is liable for all claimant costs incurred in the matter after the certificate, and the statutory maxima do not apply to those costs. That clause could produce litigation about when an insurer accepted or validly declined liability, about the scope of costs incurred post‑certificate, or about the application of the clause itself, though no such cases are recorded in the Regulation text.

• Clause 25 creates duties on practitioners about referral payments and contemplates potential consequences, though the Regulation itself does not set out disciplinary sanctions; breaches can be drawn to the Legal Services Commissioner via cl 24(7), which could trigger disciplinary proceedings under the Legal Profession Uniform Law.

Because the provided Regulation contains no case names or judicial commentary, there is no litigation history within this document to summarise. Practitioners should therefore anticipate that litigation and administrative disputes will engage the broader statutory machinery referenced in the Regulation (Act assessments, LPUL appeals and Legal Services Commissioner disciplinary pathways), and should check external case law databases for decisions that interpret or apply these specific clauses in dispute.

The Regulation includes multiple technical details that can produce practical traps if overlooked. The following concrete "gotchas" are grounded in the Regulation text and deserve attention:

• Contracting out is tightly conditional and partially self‑limiting. Clause 8 allows contracting out of Schedule 1 maxima for practitioner and client costs only if the legal practitioner follows LPUL disclosure rules, enters a costs agreement under LPUL, provides a separate written warning that contractual costs above statutory amounts remain the client’s liability even if costs are awarded, and (for claimants) provides a costs breakdown to the Authority at finalisation (cl 8(1)(a)-(d)). Importantly, this pathway only applies where the settlement exceeds $50,000 (cl 8(1)(e)), and the maximum recoverable on a practitioner and client basis is limited to settlement minus $50,000 (cl 8(2)). That means contracting out does not permit a legal practitioner to recover beyond the statutory payable amount from the insurer; it shifts exposure to the client above the initial $50,000.

• Costs breakdown duty is broad and mandatory for solicitors: Clause 24(2) makes it the duty of the legal practitioner who represents a claimant at finalisation to ensure a costs breakdown is provided to the Authority in the approved form. Clause 24(3) makes this duty apply even where the claim is exempt from assessment or contracting out has occurred. The duty only does not apply if the claimant incurred no legal fees (cl 24(4)). The Authority may forward the information to the Legal Services Commissioner (cl 24(7)). Non‑compliance could result in regulatory referral, even though the Regulation does not expressly define a sanction.

• Attending medical practitioner reports are not automatically recoverable: Under cl 11(3), a claimant cannot claim amounts in Schedule 2 items 5 or 6 for an initial report by an attending medical practitioner unless the claimant requested the insurer provide the report in writing and the insurer failed to do so within a reasonable time. That procedural precondition can trap claimants (and their solicitors) who assume attending practitioner reports are recoverable without making the request or ensuring the insurer’s default.

• Expert witness limits are tight: Clause 12 limits recoverable expert costs to one medical expert per specialty and two non‑medical experts, unless the Commission or court agrees otherwise (cl 12(1)-(2)). This interacts with Schedule 2 medico‑legal fee maxima. If a matter genuinely requires multiple experts, parties must secure the Commission’s or court’s agreement in advance,or risk non‑recovery.

• MU indexing and rounding impacts: Values in Schedule 1 and Schedule 2 are denominated in MU, the dollar value of which is CPI‑indexed annually (Schedule 3 cl 2). Schedule 3 prescribes rounding to nearest cent for MU and rounding to nearest dollar for calculated maximums (Schedule 3 cl 2(2), cl 3). The editorial note shows MU values change annually. Practitioners must convert MU to dollars using the correct adjustment year and rounding rules; an erroneous MU conversion will result in incorrect billing and potential non‑recovery.

• GST application is capped: Clause 19 allows a cost fixed by the Part to be increased by GST, but limits the amount recoverable for GST to not more than 10% of the maximum amount payable under the Part (cl 19(2)). This departs from standard GST recovery practice and caps GST recoverable to 10% of the statutory maximum, which may be lower than actual GST payable; practitioners must ensure they do not claim GST beyond the capped figure.

• Contracting out does not apply to insurers: Clause 8(6) states that the contracting out provisions (cl 8(1)(e) and cl 8(2)-(4)) do not apply if the party is an insurer. Insurers cannot be placed into a practitioner/client costs agreement that displaces the statutory maximum in the same way claimants may execute contracting out paths.

• Child claimant caps are specific and inclusive: Clause 9 sets all‑inclusive caps for claims where exemption under s 92 is only because the claimant is under 18. The caps include all legal services from acceptance of the retainer until resolution (cl 9(3)). Practitioners acting for young claimants must ensure total fees remain within these caps unless the court orders otherwise (cl 9(2)).

• Non‑attendance recovery by Authority: For medical assessments scheduled by the President, if the claimant fails to attend or cancels within 72 hours without reasonable excuse, the Authority may recover all or part of the costs reasonably incurred by the President (cl 17(1)-(2)). Claimant representatives need to manage scheduling and communication to avoid exposing clients to recoverable Authority costs.

• Treatment fees linked to AMA List recognition: Clause 20 fixes insurers’ maximum liability for certain treatment fees at amounts listed in the AMA List but only where the treatment is covered by s 56 and the AMA List has been recognized by the Authority via Gazette notice (cl 20(1), (3)-(4)). Insurers and providers must check the Authority’s Gazette notices to know which AMA List version applies.

• Time for insurer payment is relatively short: Insurers must pay assessed amounts within 20 business days of claimant acceptance (cl 22(1)). This short period, and the interest rate set at 75% of the Civil Procedure Act rate for late payments (cl 22(4)), requires insurers to have procedures to calculate lawful deductions quickly and request advice where needed within 10 business days (cl 22(2)).

Being alert to these technical points will be necessary for advisers, insurers, and practitioners working in motor accidents claims.

The Regulation creates several concrete compliance obligations and conversion exercises that legal practitioners, insurers, medical practitioners and the Authority must operationalise. Practical steps for compliance, with clause references, are:

For legal practitioners representing claimants:

• Understand the applicable maximums and MU conversion: Determine which stage(s) of the matter in Schedule 1 apply and convert MU to dollars using the MU for the relevant adjustment year under Schedule 3 cl 2,follow rounding rules in Schedule 3 cl 2(2) and cl 3. Where a matter is finalised after a certificate, use Table B or stage calculations in Table A as applicable (Schedule 1 cl 1, Table A and B).

• Apportion costs on change of practitioner: If a change of retained practitioner occurs, apportion the relevant costs between outgoing and incoming practitioners (cl 6(2)). If the parties dispute apportionment and the matter is not exempt under s 92, refer it to the Commission (cl 6(3)).

• Follow LPUL disclosure and costs agreement requirements before contracting out: If proposing a costs agreement that departs from Schedule 1 maxima, ensure LPUL Division 3 disclosure is made, a formal costs agreement under LPUL Division 4 is executed, and a separate written warning is given that contractual excesses remain the client’s liability if costs are awarded (cl 8(1)(a)-(c)). For claimants, provide a costs breakdown to the Authority at finalisation and ensure settlement exceeds $50,000 (cl 8(1)(d)-(e)).

• Prepare and lodge the costs breakdown on finalisation: When a client’s claim is finalised and the solicitor represented the claimant at finalisation, ensure a costs breakdown in the Authority’s approved form is provided at the time and in the manner required by the Authority (cl 24(2)-(3)). Do not assume the duty is discharged by counsel if both solicitor and barrister acted,the solicitor is responsible (cl 24(5)).

• Avoid paying or receiving referral consideration: Do not accept or give consideration for referrals in relation to a claimant’s claim; be aware that close associates are captured by cl 25(2)-(4). Keep records demonstrating compliance, and ensure any hospitality provided falls within the reasonable hospitality exception (cl 25(5)).

• Manage expert witness strategy: Before instructing multiple experts, seek court or Commission agreement where recoverability beyond the one medical expert per specialty and two other experts is required (cl 12(1)-(2)). Plan medico‑legal costs within Schedule 2 maxima (cl 11 and Schedule 2).

• Ensure medical report form compliance: Confirm whether the Motor Accidents Medical Guidelines require a particular report form; if so, provide reports in that form (cl 11(2)). For attending practitioner initial reports, take the procedural step of requesting the insurer to provide the report in writing, and if the insurer fails to provide it in reasonable time, then claim the item in Schedule 2 items 5 or 6 (cl 11(3)).

For insurers:

• Apply maximums and GST correctly: When paying legal or medico‑legal costs, apply Schedule 1 and Schedule 2 maxima, convert MU correctly per Schedule 3 cl 2, and add GST only within the 10% cap rule in cl 19(1)-(2). Keep documentation of MU conversion and CPA calculations.

• Time payments and manage deductions: When the claimant communicates acceptance of an assessment, pay within 20 business days (cl 22(1)). If law requires deductions, notify the person entitled to the deduction and request advice within 10 business days, then pay the balance within 20 business days of receiving the deduction advice (cl 22(2)). Prepare to calculate and pay interest on unpaid assessed amounts at 75% of the Civil Procedure Act rate (cl 22(3)-(4)).

• Be aware of the consequence of non‑acceptance: If you do not accept an assessment within 21 days after a certificate of assessment is issued, you become liable for all claimant costs incurred after the certificate, and statutory maxima do not apply to those costs (cl 16(1)-(2)). Implement internal acceptance decision procedures to avoid inadvertent exposure.

• Recognise AMA List for treatment fees: For treatment covered by s 56 of the Act, insurers’ maximum liabilities are the amounts in the AMA List as recognised by the Authority (cl 20(1), (3)-(4)). Monitor Gazette notices for Authority recognition of AMA List updates.

For medical practitioners and health providers:

• Charge only Schedule 2 maxima: For medico‑legal reports and evidence appearances, charge no more than the fees in Schedule 2 (cl 11(1) and Schedule 2). Observe the maximum charging periods and cancellation fee caps (Schedule 2, item 10).

• Observe travel and allowance rules: Where appearance as a witness demands travel, apply the travelling allowance per kilometre at 55 cents and claim reasonable accommodation and meal costs where applicable (Schedule 2 items 3-4).

• Comply with report format requirements: If the Motor Accidents Medical Guidelines require a particular report form, produce reports in that form so fees correspond to Schedule 2 references to 'report' (cl 11(2)).

For the Authority and the President:

• Approve costs breakdown form, notify MU changes and publish maximums: Provide the Authority’s approved costs breakdown form and an approved method and time for submission by practitioners (cl 24(2)). After June quarter CPI data, notify Parliamentary Counsel of the MU for the next adjustment year and give public notice of actual maximum amounts (Schedule 3 cl 4(1)(a)-(b)). Ensure recognition notices for the AMA List are made by Gazette when appropriate (cl 20(4)).

For all parties:

• Apply exclusions to costs regulation correctly: Be aware of categories excluded from the Part 2 maxima (cl 4) such as interpreter fees, travel costs of claimants, court fees and some professional reports. These costs may require separate handling outside the fixed maxima.

• Keep records to support entitlements: Maintain contemporaneous records of retainer acceptance dates, stage triggers (as Schedule 1 stages are event‑driven), written requests to insurers for attending doctor reports (cl 11(3)), disclosures and signed costs agreements if contracting out (cl 8), and written notices concerning deductions for payment timing (cl 22(2)).

• Prepare for appeals and Commission interaction: If costs are in dispute, expect Commission assessment under cl 13 and appeal rights under cl 15. Maintain file documents needed for an appeal or Commission referral concerning apportionment disputes (cl 6(3)-(5)).

Complying with the Regulation thus requires both procedural discipline (forms, notices, requests and time limits) and correct financial computation (MU conversions, GST caps, interest calculations). Practitioners should document compliance steps and ensure internal processes reflect the Regulation’s event‑driven maxima and administrative reporting duties.