QLDIn ForceAct
Workers' Compensation and Rehabilitation Act 2003
sec.313Costs if written final offer by insurer
Start here
Get a plain-English read of sec.313
Turn the raw legal text into a practical explanation grounded in Workers' Compensation and Rehabilitation Act 2003.
### sec.313 Costs if written final offer by insurer
This section applies if—
the insurer makes a written final offer that is not accepted by the claimant; and
the claim is dismissed, the court makes no award of damages or makes an award of damages that is equal to or less than the insurer’s written final offer; and
the court is satisfied that the insurer 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 standard basis, up to and including the day of service of the written final offer; and
order the claimant to pay the insurer’s costs, calculated on the standard basis, after the day of service of the written final offer.
s 313 amd 2004 No. 45 s 58 ; 2010 No. 24 s 27
(sec.313-ssec.1) This section applies if— the insurer makes a written final offer that is not accepted by the claimant; and the claim is dismissed, the court makes no award of damages or makes an award of damages that is equal to or less than the insurer’s written final offer; and the court is satisfied that the insurer was at all material times willing and able to carry out what was proposed in the written final offer.
(sec.313-ssec.2) The court must— order the insurer to pay the claimant’s costs, calculated on the standard basis, up to and including the day of service of the written final offer; and order the claimant to pay the insurer’s costs, calculated on the standard basis, after the day of service of the written final offer.
- (a) the insurer makes a written final offer that is not accepted by the claimant; and
- (b) the claim is dismissed, the court makes no award of damages or makes an award of damages that is equal to or less than the insurer’s written final offer; and
- (c) the court is satisfied that the insurer was at all material times willing and able to carry out what was proposed in the written final offer.
- (a) order the insurer to pay the claimant’s costs, calculated on the standard basis, up to and including the day of service of the written final offer; and
- (b) order the claimant to pay the insurer’s costs, calculated on the standard basis, after the day of service of the written final offer.