NSWIn ForceRegulation
Personal Injury Commission Regulation 2020
11Costs payable in relation to claims for statutory benefits
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#### 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](/view/html/inforce/current/act-2017-010), including regulations made under that Part, applies to substituted proceedings involving a claim for statutory benefits to which the [Motor Accident Injuries Act 2017](/view/html/inforce/current/act-2017-010) applies, except as otherwise modified by this clause.
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> > Note—
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> > Part 8 of the [Motor Accident Injuries Act 2017](/view/html/inforce/current/act-2017-010), 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.
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> > (2) The maximum costs set out in Schedule 1 of the [Motor Accident Injuries Regulation 2017](/view/html/inforce/current/sl-2017-0498) do not apply in relation to substituted proceedings to which this clause applies.
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> > (3) Despite section 8.3(4) of the [Motor Accident Injuries Act 2017](/view/html/inforce/current/act-2017-010), 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—
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> > > (a) the costs are payable on a party and party basis, and
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> > > (b) the District Court orders payment of the costs.