New South Wales Consolidated Regulations

WORKERS COMPENSATION REGULATION 2016 - REG 113

113 Costs agreements not subject to assessment

(1) The Commission is to decline to assess a bill of costs if--

(a) the disputed costs are subject to a costs agreement that complies with Division 4 of Part 4.3 of the Legal Profession Uniform Law (NSW) , and

(b) the costs agreement specifies the amount of the costs or the dispute relates only to the rate specified in the agreement for calculating the costs.

(2) If the dispute relates to any other matter, costs are to be assessed on the basis of that specified rate despite clause 111. The Commission is bound by a provision for the payment of a premium that is not determined to be unjust under clause 114.

(3) This clause does not apply to any provision of a costs agreement that the Commission determines to be unjust under clause 114.

(4) This clause does not apply to a costs agreement applicable to the costs of legal services if a law practice failed to make a disclosure in accordance with Division 3 of Part 4.3 of the Legal Profession Uniform Law (NSW) of the matters required to be disclosed by section 174 of that Law in relation to those costs.