355Litigated claims legal costs order—workers

355 Litigated claims legal costs order—workers

(1) Subject to subsection (2), the Governor in Council may by Order in Council published in the Government Gazette make a litigated claims legal costs order—

(a) specifying the legal costs that may be recovered from the Authority or self-insurer by a legal practitioner acting on behalf of a worker in respect of any claim, application or proceedings under or in accordance with this Division, other than section 348; and

(b) prescribing or specifying any matter or thing required to give effect to the legal costs order including procedures for resolving any dispute that arises in relation to the costs payable under the order.

(2) Before a litigated claims legal costs order is made under subsection (1), the Minister must consult with the Attorney-General and Treasurer.

(3) A litigated claims legal costs order—

(a) takes effect on and from the date on which it is published in the Government Gazette or, if a later date is specified in the order, that later date; and

(b) applies to legal costs incurred on or after the order takes effect; and

(c) must be reviewed by the Minister within 3 years after the order takes effect.

(4) Section 344(5) does not apply in proceedings to which a litigated claims legal costs order under subsection (1) applies.

(5) A litigated legal costs order under subsection (1) may provide for the amounts of costs specified in the order to be indexed in accordance with the all groups consumer price index for Melbourne as published by the Australian Bureau of Statistics.

(6) If a litigated claims legal costs order under subsection (1) is in force, legal costs in respect of any claim, application or proceeding referred to in subsection (1) to which the order applies cannot be recovered except in accordance with the order.

S. 355(7) amended by No. 17/2014 s. 160(Sch. 2 item 113.2).

(7) This section and any legal costs order made under this section has full force and effect notwithstanding anything to the contrary in the Legal Profession Uniform Law (Victoria), the Legal Profession Uniform Law Application Act 2014, the Supreme Court Act 1986, the County Court Act 1958 or the Civil Procedure Act 2010 or in any regulation, rules, order or other document made under any of those Acts or Laws.