New South Wales Consolidated Acts

WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 112

112 Costs

(cf former s 116)

(1) In this section, a reference to costs is a reference to the costs payable by a party in or in relation to proceedings, including disbursements.

(2) Subject to this Act and the regulations and the rules of the Compensation Court and subject to any other Act--

(a) costs in or in relation to any proceedings are in the discretion of the Court, and

(b) the Court has full power to determine by whom, to whom and to what extent costs are to be paid in or in relation to any proceedings, and

(c) the Court may order costs to be assessed on the basis set out in the legal costs legislation (as defined in section 3A of the Legal Profession Uniform Law Application Act 2014 ) or on an indemnity basis.

(3) Subject to this section, the Court may not order the payment of costs by a person claiming compensation unless the Court is satisfied that the application for compensation was frivolous or vexatious, fraudulent or made without proper justification.

(4) If the Court is satisfied that a part only of any such application for compensation was frivolous or vexatious, fraudulent or made without proper justification, the Court may order the claimant to pay the costs relating to that part of the application.

(5) If a person claiming compensation appeals under section 34A (Appeal to Judge from commissioner) of the Compensation Court Act 1984 , costs in or in relation to the appeal are to be paid by the unsuccessful party unless the Compensation Court is of the opinion that such a requirement would be unjust in the circumstances of the case.

(6) The Court may order the payment of costs by any party to the proceedings who has unreasonably failed to participate in a conciliation of the dispute under this Act if it appears to the Court that the failure has resulted in unnecessary litigation or has adversely affected the rehabilitation of an injured worker.

(7) An order of the Court for payment of costs may include--

(a) the costs actually incurred or to be incurred by a person claiming compensation, and

(b) if liability for a claim for compensation is admitted without recourse to the Court--the reasonable expenses incurred by a person in pursuing the person's claim, and

(c) costs incurred in relation to any proceedings under this Act (including conciliation of a dispute under Division 3), and

(d) costs incidental to an application for referral of a medical dispute under section 121 or 122, and

(e) costs incidental to an application for registration of an agreement under section 66A of the 1987 Act, and

(f) costs incurred in relation to the mediation or neutral evaluation of any matter under Part 4A of the Compensation Court Act 1984 .

(8) In this section--

"application for compensation" includes any proceedings in connection with an application for compensation.

"compensation" means compensation under this Act.