New South Wales Consolidated Regulations

WORKERS COMPENSATION REGULATION 2016 - REG 93

93 Contracting out--law practice/client costs

(1) This clause applies in respect of costs in or in relation to a claim for work injury damages if a law practice--

(a) makes a disclosure under Division 3 of Part 4.3 of the Legal Profession Uniform Law (NSW) (sections 174(4) and 178 excepted) to a party to the matter with respect to the costs, and

(b) enters into a costs agreement (other than a conditional costs agreement, under section 181 or 182 of that Law, that provides for the payment of a premium of more than 10% of the costs otherwise payable under the agreement on the successful outcome of the matter concerned) with that party as to those costs in accordance with Division 4 of that Part, and

(c) before entering into the costs agreement, advises the party (in a separate written document) that, even if costs are awarded in favour of the party, the party will be liable to pay such amount of the costs provided for in the costs agreement as exceeds the amount that would be payable under the 1998 Act in the absence of a costs agreement.

(2) Schedule 7 does not apply to the costs concerned to the extent that they are payable on a law practice and client basis.