Workers’ Compensation and Rehabilitation Regulation 2025
sec.191Costs of hearing before industrial magistrate or industrial commission
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sec.191 Costs of hearing before industrial magistrate or industrial commission
A decision to award costs of a hearing before an industrial magistrate or the industrial commission is at the discretion of the magistrate or commission. If the magistrate or commission awards costs— costs in relation to counsel’s or solicitor’s fees are the costs stated in the Uniform Civil Procedure Rules 1999 , schedule 2 , part 2 , scale C; and costs in relation to witnesses are the allowances stated in the Uniform Civil Procedure (Fees) Regulation 2019 , part 3 ; and costs in relation to bailiffs are the fees stated in the Uniform Civil Procedure (Fees) Regulation 2019 , schedule 2A . However, the magistrate or commission may award costs up to 1.5 times the amounts under subsection (2) (a) , in total or in relation to any item, if the magistrate or commission is satisfied the amounts under subsection (2) (a) are inadequate having regard to— the work involved; or the importance, difficulty or complexity of the matter to which the proceeding relates. (sec.191-ssec.1) A decision to award costs of a hearing before an industrial magistrate or the industrial commission is at the discretion of the magistrate or commission. (sec.191-ssec.2) If the magistrate or commission awards costs— costs in relation to counsel’s or solicitor’s fees are the costs stated in the Uniform Civil Procedure Rules 1999 , schedule 2 , part 2 , scale C; and costs in relation to witnesses are the allowances stated in the Uniform Civil Procedure (Fees) Regulation 2019 , part 3 ; and costs in relation to bailiffs are the fees stated in the Uniform Civil Procedure (Fees) Regulation 2019 , schedule 2A . (sec.191-ssec.3) However, the magistrate or commission may award costs up to 1.5 times the amounts under subsection (2) (a) , in total or in relation to any item, if the magistrate or commission is satisfied the amounts under subsection (2) (a) are inadequate having regard to— the work involved; or the importance, difficulty or complexity of the matter to which the proceeding relates.
- (a) costs in relation to counsel’s or solicitor’s fees are the costs stated in the Uniform Civil Procedure Rules 1999 , schedule 2 , part 2 , scale C; and
- (b) costs in relation to witnesses are the allowances stated in the Uniform Civil Procedure (Fees) Regulation 2019 , part 3 ; and
- (c) costs in relation to bailiffs are the fees stated in the Uniform Civil Procedure (Fees) Regulation 2019 , schedule 2A .
- (a) the work involved; or
- (b) the importance, difficulty or complexity of the matter to which the proceeding relates.