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)](/view/html/inforce/current/act-2014-16a). > > > (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\[3\] \[4\] \[7\].