13Assessment of costs by Commission

13 Assessment of costs by Commission

13 Assessment of costs by Commission

(1) In making an assessment and specifying damages under section 94 of the Act in respect of a claim, the Commission may include in the assessment an assessment of the claimant’s costs in the matter, including—

(a) costs for legal services referred to in Schedule 1, and

(b) fees for medico-legal services referred to in Schedule 2.

(2) An assessment of those costs may also be made, whether or not an assessment has been made under subclause (1), if a court—

(a) does not determine a matter after the issue of a certificate under section 94 of the Act, and

(b) remits the matter to the Commission for further assessment.

(3) In making an assessment under this clause, the Commission—

(a) may have regard to the amount of any written offer of settlement made by either party to the matter, and

(b) must give effect to—

(i) any requirement of a court under section 151(3) of the Act, and

(ii) clause 12 of this Regulation, and

(c) must have regard to the principles and matters referred to in section 200 of the Legal Profession Uniform Law (NSW).

(4) The amount of any assessment under this clause must not exceed the relevant amounts set out in Schedules 1 and 2.

cl 13: Am 2020 (744), Sch 2[3] [4] [7].