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MOTOR ACCIDENTS COMPENSATION ACT 1999 - SECT 89D
Compliance with Division
89D Compliance with Division
(1) The Commission may, in assessing costs on a claim that is the subject of
assessment under this Part, impose a costs penalty on a party to the claim if
the Commission is satisfied that-- (a) the party has failed without reasonable
excuse to participate in a settlement conference or to make an offer of
settlement as required by this Division, or
(b) the party has failed without
reasonable excuse to provide a copy of a document to other parties before the
parties' settlement conference and the document was subsequently admitted to
assessment under this Part despite that failure.
(2) The costs penalty that
may be imposed on a party is a penalty of up to 25% (imposed by increasing the
costs to be awarded against the party, or decreasing the costs to be awarded
in favour of the party, by up to 25%). In this section,
"costs" means costs for the provision of legal services (including
disbursements).
(3) It is a condition of a licence granted under Part 7.1
that the licensed insurer must comply with the requirements of this Division.
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