New South Wales Consolidated Regulations

WORKERS COMPENSATION REGULATION 2016 - REG 105

105 Application for assessment of party/party costs--work injury damages matters

(1) A person who has paid or is liable to pay, or who is entitled to receive or who has received, costs, in or in connection with a work injury damages matter, as a result of an order for the payment of an unspecified amount of costs made by a court or the Commission may apply to the President for an assessment of the whole of, or any part of, those costs.

(2) A court or the Commission may, after making an order in relation to a matter--

(a) refer the matter to the President, and

(b) request the President to make arrangements for the assessment of costs payable as a result of the order.

Note--: Schedule 3, clause 5(2) of the Personal Injury Commission Act 2020 requires the Commission to be constituted by 1 non-presidential member assigned to the Workers Compensation Division of the Commission when dealing with the assessment of costs under this Regulation.

(3) A referral under subclause (2) is taken to be an application for assessment duly made under this Division.