QLDIn ForceAct
Workers' Compensation and Rehabilitation Act 2003
sec.312Costs if written final offer by claimant
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### sec.312 Costs if written final offer by claimant
This section applies if—
the claimant makes a written final offer that is not accepted by the insurer; and
the court later awards an amount of damages to the claimant that is equal to or more than the written final offer; and
the court is satisfied that the claimant was at all material times willing and able to carry out what was proposed in the written final offer.
The court must order the insurer to pay the claimant’s costs, calculated on the indemnity basis.
s 312 amd 2010 No. 24 s 26
(sec.312-ssec.1) This section applies if— the claimant makes a written final offer that is not accepted by the insurer; and the court later awards an amount of damages to the claimant that is equal to or more than the written final offer; and the court is satisfied that the claimant was at all material times willing and able to carry out what was proposed in the written final offer.
(sec.312-ssec.2) The court must order the insurer to pay the claimant’s costs, calculated on the indemnity basis.
- (a) the claimant makes a written final offer that is not accepted by the insurer; and
- (b) the court later awards an amount of damages to the claimant that is equal to or more than the written final offer; and
- (c) the court is satisfied that the claimant was at all material times willing and able to carry out what was proposed in the written final offer.