sec.194Costs before proceeding started

sec.194 Costs before proceeding started

This section prescribes the legal professional costs of a claim incurred before a proceeding in a court is started. If a claimant recovers net damages of $150,000 or more, the costs are— for pre-proceeding notification and negotiation if a compulsory conference was not held—120% of the amount in schedule 9 , column A; and for pre-proceeding notification and negotiation if a compulsory conference was held—the amounts in schedule 9 , columns A and B; and for investigation of liability by an expert—the amount in schedule 9 , column C; and for an application to the court—the amount in schedule 9 , column D. If a claimant recovers net damages of $50,000 or more but less than $150,000, the costs are 85% of the amount calculated under subsection (2) . If a claimant recovers net damages of less than $50,000, the costs are 85% of the amount calculated under subsection (2) multiplied by the proportion that the net damages bear to $50,000. If the net damages recovered are $30,000, the costs are (85% of the amount calculated under subsection (2) ) x 3 / 5 . However, if the court in which the proceeding is started awards legal costs, the costs recoverable under subsections (2) , (3) and (4) are multiplied by 120%. In this section— net damages means the damages recovered less the compensation paid by an insurer. (sec.194-ssec.1) This section prescribes the legal professional costs of a claim incurred before a proceeding in a court is started. (sec.194-ssec.2) If a claimant recovers net damages of $150,000 or more, the costs are— for pre-proceeding notification and negotiation if a compulsory conference was not held—120% of the amount in schedule 9 , column A; and for pre-proceeding notification and negotiation if a compulsory conference was held—the amounts in schedule 9 , columns A and B; and for investigation of liability by an expert—the amount in schedule 9 , column C; and for an application to the court—the amount in schedule 9 , column D. (sec.194-ssec.3) If a claimant recovers net damages of $50,000 or more but less than $150,000, the costs are 85% of the amount calculated under subsection (2) . (sec.194-ssec.4) If a claimant recovers net damages of less than $50,000, the costs are 85% of the amount calculated under subsection (2) multiplied by the proportion that the net damages bear to $50,000. If the net damages recovered are $30,000, the costs are (85% of the amount calculated under subsection (2) ) x 3 / 5 . (sec.194-ssec.5) However, if the court in which the proceeding is started awards legal costs, the costs recoverable under subsections (2) , (3) and (4) are multiplied by 120%. (sec.194-ssec.6) In this section— net damages means the damages recovered less the compensation paid by an insurer.

• (a) for pre-proceeding notification and negotiation if a compulsory conference was not held—120% of the amount in schedule 9 , column A; and