278Costs

278 Costs (1) Subject to this Act, in proceedings brought before a court under this Act, the **Accident Compensation Act 1985** or the **Workers Compensation Act 1958**, by a person other than the Authority, an employer or a self-insurer, the court— (a) must award costs against the party against whom a judgment or decision is made; and (b) may, if it considers it appropriate, include in an order under paragraph (a) an award of costs to the representative of a worker in whose favour a judgment or decision is made; and (c) must not otherwise make an award of costs. (2) Nothing in subsection (1) applies to proceedings brought by the Authority, an employer or a self-insurer. (3) In proceedings before the County Court under this Act which relate to a claim under section 98 or 98A of the **Accident Compensation Act 1985**, if a judgment or order is made by the County Court for the payment of an amount of compensation to the claimant— S. 278(3)(a) amended by No. 10/2022 s. 80(1). (a) which is not less than 90 per cent of the claimant's counter statutory offer but is greater than the statutory offer made by the Authority, employer or self-insurer, the Authority, employer or self-insurer must pay the claimant's costs assessed on the standard basis and must bear their own costs; or S. 278(3)(b) amended by No. 10/2022 s. 80(2). (b) which is equal to or less than the statutory offer made by the Authority, employer or self-insurer, the claimant must pay costs assessed on the standard basis of the Authority, employer or self-insurer and bear his or her own costs; or (c) which is greater than the statutory offer made by the Authority, employer or self-insurer but less than 90 per cent of the counter statutory offer made by the claimant, each party must bear their own costs— and the County Court must not otherwise make an award of costs. S. 278(4) amended by No. 73/2016 s. 21(2). (4) If a direction of ACCS under Division 2— (a) is revoked by the court on an application under section 299; and (b) the court has not made an order under section 299(4)(b)— the court— (c) must order that the costs of the worker are to be paid by the person who made the application; and (d) must not order that the costs of the person who made the application be paid by the worker. (5) Costs awarded to a worker or claimant by the County Court in proceedings brought by the worker or claimant in which the judgment or decision is a judgment or decision that could have been made by the Magistrates' Court, had the proceedings been brought in the Magistrates' Court, must be awarded as if the scale of costs applicable in the Magistrates' Court applied. (6) If a settlement or compromise is made in respect of proceedings in the County Court brought under this Act or the **Accident Compensation Act 1985**, by a worker or claimant and the outcome achieved by the settlement or compromise could have been achieved by a judgment or decision made by the Magistrates' Court had the proceedings been brought in the Magistrates' Court— (a) subsections (7) and (8) apply in respect of that settlement or compromise; and (b) whether or not an agreement referred to in subsection (7) is entered into, the worker or claimant or his or her legal practitioner is not entitled to receive either directly or indirectly from the other party to the proceedings an amount for or in respect of the legal practitioner appearing for or acting on behalf of the worker or claimant in the proceedings that exceeds the amount the worker or claimant or legal practitioner could have been awarded if the scale of costs applicable in the Magistrates' Court applied. (7) An agreement must not be entered into in respect of, or which forms part of, the settlement or compromise which provides that the worker or claimant or his or her legal practitioner is to receive directly or indirectly from the other party to the proceedings for or in respect of the legal practitioner appearing for or acting on behalf of the worker or claimant in the proceedings, an amount that exceeds the amount that the worker or claimant or legal practitioner could have been awarded if the scale of costs applicable in the Magistrates' Court applied. (8) An agreement that does not comply with subsection (7) is void but the validity of the settlement or compromise is not otherwise affected. (9) This section has effect despite anything to the contrary in any other Act or law.