11Costs payable in relation to claims for statutory benefits

11 Costs payable in relation to claims for statutory benefits

11 Costs payable in relation to claims for statutory benefits

(1) Part 8 of the Motor Accident Injuries Act 2017, including regulations made under that Part, applies to substituted proceedings involving a claim for statutory benefits to which the Motor Accident Injuries Act 2017 applies, except as otherwise modified by this clause.

Note—

Part 8 of the Motor Accident Injuries Act 2017, among other things, provides that an insurer is not entitled to recover from a claimant for statutory benefits any costs of the insurer in relation to the claim.

(2) The maximum costs set out in Schedule 1 of the Motor Accident Injuries Regulation 2017 do not apply in relation to substituted proceedings to which this clause applies.

(3) Despite section 8.3(4) of the Motor Accident Injuries Act 2017, an Australian legal practitioner is entitled to be paid or recover legal costs for legal services provided to a claimant in connection with claim for statutory benefits only if—

(a) the costs are payable on a party and party basis, and

(b) the District Court orders payment of the costs.