New South Wales Consolidated Regulations

WORKERS COMPENSATION REGULATION 2016 - REG 127

127 Liability of law practice or agent for costs in certain cases

(1) The Commission may act as set out in subclause (2) if it appears to the Commission that costs have been incurred improperly or without reasonable cause, or have been wasted by undue delay or by any other misconduct or default.

(2) The Commission may in the determination--

(a) disallow the costs as between the law practice or agent and the law practice's or agent's client, and

(b) direct the law practice or agent to repay to the client costs that the client has been ordered by a court or the Commission to pay to any other party, and

(c) direct the law practice or agent to indemnify any party other than the client against costs payable by the party indemnified.

(3) Before taking action under this clause, the Commission must give notice of the proposed action to the law practice or agent and the client and give them a reasonable opportunity to make written submissions in relation to the proposed action.

(4) The Commission must give due consideration to any submissions so made.