6Fixing of maximum costs recoverable by legal practitioners

6 Fixing of maximum costs recoverable by legal practitioners

6 Fixing of maximum costs recoverable by legal practitioners

(1) Except as otherwise provided by this Part, the costs set out in Schedule 1 are the maximum costs for—

(a) legal services provided by an Australian legal practitioner to a claimant or to an insurer in a motor accidents matter, and

(b) matters that are not legal services but are related to a motor accidents matter.

(2) If there is a change in the Australian legal practitioner retained by a claimant or insurer in a motor accidents matter, the relevant costs are to be apportioned between the Australian legal practitioners concerned.

(3) If there is a dispute as to the apportionment, either Australian legal practitioner concerned, or the client claimant or insurer concerned, may refer the dispute to the Commission for determination.

(4) Subclause (3) does not apply if the dispute arose in a matter in which, under section 92 of the Act, the claim is exempt from assessment.

(5) An Australian legal practitioner has the same right of appeal against a determination made under subclause (3) as the practitioner would have under section 205 of the Legal Profession Uniform Law (NSW) if the determination were a determination of a costs assessor under Division 7 of Part 4.3 of that Law.

cl 6: Am 2020 (744), Sch 2[4].