NSWIn ForceRegulation
Workers Compensation Regulation 2016
104Application for assessment of party/party costs—compensation matters
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#### 104 Application for assessment of party/party costs—compensation matters
104 Application for assessment of party/party costs—compensation matters
> > (1) A person who is entitled to receive or who has received costs, in or in connection with a workers compensation matter, as a result of—
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> > > (a) an order for the payment of an unspecified amount of costs made by a court or the Commission, or
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> > > (b) an agreement, evidenced in writing by the party liable to pay the costs, for the payment of an unspecified amount of costs,
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> > may apply to the President for an assessment of the whole of, or any part of, those costs.
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> > (2) A person who has paid or is liable to pay costs, in or in connection with a workers compensation matter, as a result of an order or agreement referred to in subclause (1) may apply to the President for an assessment of the whole of, or any part of, those costs after the period of 60 days after the making of the order or agreement.
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> > (3) A court or the Commission may, after making an order in relation to a matter—
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> > > (a) refer the matter to the President, and
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> > > (b) request the President to make arrangements for the assessment of costs payable as a result of the order.
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> > Note—
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> > Schedule 3, clause 5(2) of the [Personal Injury Commission Act 2020](/view/html/inforce/current/act-2020-018) requires the Commission to be constituted by 1 non-presidential member assigned to the Workers Compensation Division of the Commission when dealing with the assessment of costs under this Regulation.
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> > (4) A referral under subclause (3) is taken to be an application for assessment duly made under this Division.
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> **cl 104:** Am 2020 (744), Sch 3\[8\] \[11\].