12Limit on costs for expert witnesses

12 Limit on costs for expert witnesses

12 Limit on costs for expert witnesses

(1) Costs are not to be included in an assessment or award of damages in respect of an expert witness giving evidence, or providing a report, on behalf of the claimant in relation to a claims assessment or in court proceedings under the Act, except for costs in respect of—

(a) one medical expert in any specialty, and

(b) 2 experts of any other kind.

(2) Subclause (1) does not apply if the Commission or court concerned agrees that costs are payable in respect of a greater number of expert witnesses in the matter.

(3) Despite subclause (1)(a), if there is a substantial issue as to a matter referred to in section 58(1)(d) of the Act, costs are payable in respect of 2 medical experts in any specialty relevant to the injury concerned.

(4) This clause extends to costs incurred in connection with medical assessments.

cl 12: Am 2020 (744), Sch 2[4].