New South Wales Consolidated Regulations

WORKERS COMPENSATION REGULATION 2016 - REG 116

116 Assessment of costs--costs ordered by court or Commission or subject of agreement

(1) When dealing with an application relating to costs payable as a result of an order made by a court or the Commission or as a result of an agreement referred to in clause 104(1)(b), the Commission must consider--

(a) whether or not it was reasonable to carry out the work to which the costs relate, and

(b) what is a fair and reasonable amount of costs for the work concerned.

(2) The Commission is to determine the costs payable as a result of the order or agreement by assessing the amount of the costs that, in the Commission's opinion, is a fair and reasonable amount.

(3) If a court or the Commission has ordered that costs are to be assessed on an indemnity basis, the Commission must assess the costs on that basis, having regard to any relevant rules of the court or Commission.

(4) The costs assessed are to include the costs of the assessment (including the costs of the parties to the assessment, and the Commission). The Commission may determine by whom and to what extent the costs of the assessment are to be paid.

(5) The costs of the Commission are to be paid to the Commission.

Note--: Subdivision 2 of Division 3 of this Part limits the circumstances in which costs may be awarded on a party/party basis in relation to a claim for work injury damages.
Clause 110 requires an assessment of costs to give effect to the maximum costs set out in Schedules 6 and 7, as well as to other matters.