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:
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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).
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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)).
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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)).
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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)).
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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)).
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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).
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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:
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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.
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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)).
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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.
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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:
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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).
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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).
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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:
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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.
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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)).
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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.