New South Wales Consolidated Acts

WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 116

116 Solicitor/client costs in compensation proceedings

(cf former s 122)

(1) The legal representative or agent of a person claiming compensation under this Act is not entitled--

(a) to recover from the person any costs in respect of the claim, or

(b) to claim a lien in respect of those costs on, or deduct those costs from, the sum awarded, ordered or agreed as compensation,

unless those costs are awarded by the Compensation Court.

(2) Any such award may be made on the application either of the person claiming compensation or the person's legal representative or agent.

(3) Any sum so awarded is subject to assessment in accordance with the legal costs legislation (as defined in section 3A of the Legal Profession Uniform Law Application Act 2014 ).

(4) This section prevails to the extent of any inconsistency with the legal costs legislation.

(5) A person must not--

(a) claim a lien that the person is not entitled to claim because of subsection (1), or

(b) deduct costs from a sum awarded, ordered or agreed as compensation that the person is not entitled to deduct because of subsection (1).

: Maximum penalty--50 penalty units.

(6) A person who has paid an amount in respect of costs to another person that the other person was not entitled to recover because of subsection (1) is entitled to recover the amount paid as a debt in a court of competent jurisdiction or by proceedings in the Compensation Court.

(7) A reference in this section to a claim includes a reference to a prospective claim (whether or not the claim is ever actually made).