WORKERS COMPENSATION REGULATION 2016

New South Wales Consolidated Regulations

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WORKERS COMPENSATION REGULATION 2016 - SCHEDULE 7

SCHEDULE 7 – Maximum costs for legal services--work injury damages matters

1 Costs determined by reference to certain stages in the matter

(1) The maximum costs for legal services provided for a stage of a claim for work injury damages set out in Column 1 of the Work Injury Costs Table A to this clause are the costs set out in Column 2 opposite that stage.

(2) However, if a law practice was first retained in the matter after a certificate as to mediation was issued under section 318B of the 1998 Act (or, if the matter is not referred to mediation because the insurer wholly denies liability, or the insurer has failed to respond to the pre-filing statement, after the service of the pre-filing statement of claim), the maximum costs are those set out in the Work Injury Costs Table B to this clause.

(3) Costs may be charged for more than one stage described in this Schedule.

(4) Other than stage 1 in the Work Injury Costs Table B to this clause, each stage specifies the maximum costs payable for all legal services provided in the period commencing on the occurrence of one specified event and concluding on either the occurrence of another specified event or settlement of the matter (whichever occurs first).

(5) A reference in this Schedule to an amount of a settlement or an award is a reference to the amount inclusive of any weekly payment of compensation under Division 2 of Part 3 of the 1987 Act.

Work Injury Costs Table A

Column 1 Column 2

Stage Costs

1 From the acceptance of the retainer to the preparation and service of a claim under section 260 of the 1998 Act (including the provision of all relevant particulars under section 281 of that Act) (a) in the case of a law practice acting for a claimant--$200(b) in the case of a law practice acting for an insurer--nil

2 From service of the claim under section 260 of the 1998 Act to the preparation and service of the pre-filing statement of claim under section 315 of that Act (a) in the case of a law practice acting for a claimant--$300(b) in the case of a law practice acting for an insurer--nil

3 If--(a) the matter is referred to mediation and settlement occurs after the service of the pre-filing statement of claim without the issue of a certificate as to mediation under section 318B of the 1998 Act, or(b) the matter is not referred to mediation (because the insurer denies liability) and settlement occurs without the commencement of court proceedings, or(c) the insurer does not respond to the pre-filing statement of claim and settlement occurs without the commencement of court proceedings--from service of the pre-filing statement to finalisation of the matter In addition to the $500 specified for stages 1 and 2 (if chargeable)--(a) if the settlement amount is $20,000 or less and the insurer wholly admitted liability for the claim--$500(b) if the settlement amount is $20,000 or less and the insurer wholly or partly denied liability for the claim--10% of the settlement amount(c) if the settlement amount is more than $20,000 but less than $50,001 and the insurer wholly admitted liability for the claim--$500 plus 12% of the settlement amount over $20,000(d) if the settlement amount is more than $20,000 but less than $50,001 and the insurer wholly or partly denied liability for the claim--$2,000 plus 12% of the settlement amount over $20,000(e) if the settlement amount is $50,001 or more but less than $100,001 and the insurer wholly admitted liability for the claim--$4,100 plus 10% of the settlement amount over $50,000(f) if the settlement amount is $50,001 or more but less than $100,001 and the insurer wholly or partly denied liability for the claim--$5,600 plus 10% of the settlement amount over $50,000(g) if the settlement amount is $100,001 or more and the insurer wholly admitted liability for the claim--$9,100 plus 2% of the settlement amount over $100,000(h) if the settlement amount is $100,001 or more and the insurer wholly or partly denied liability for the claim--$10,600 plus 2% of the settlement amount over $100,000

4 If the matter is referred to mediation and settlement occurs after the issue of a certificate as to the mediation under section 318B of the 1998 Act but without the commencement of court proceedings--from service of the pre-filing statement to finalisation of the matter The total of the following--(a) an amount determined, in accordance with stage 3, by reference to the amount of the settlement,(b) 2% of the amount of the settlement

5 If the matter is referred to mediation and the claim is withdrawn by the claimant after the issue of a certificate as to the mediation under section 318B of the 1998 Act but before the commencement of court proceedings--from service of the pre-filing statement to finalisation of the matter (a) in the case of a law practice acting for a claimant--nil(b) in the case of a law practice acting for an insurer--$12,500

6 If the matter is referred to mediation and is finalised after the commencement of court proceedings (whether by way of settlement or an award of damages)--from service of the pre-filing statement to finalisation of the matter The total of the following--(a) an amount determined in accordance with stage 4, by reference to the amount of the settlement or award as if that amount were the amount of the settlement referred to in stage 4,(b) 2% of the amount of the settlement or award

7 If the matter is not referred to mediation and the matter is finalised after the commencement of court proceedings (whether by way of settlement or an award of damages)--from service of the pre-filing statement to finalisation of the matter The total of the following--(a) an amount determined in accordance with stage 3, by reference to the amount of the settlement or award as if that amount were the amount of the settlement referred to in stage 3,(b) 2% of the amount of the settlement or award

8 If the matter is finalised after the commencement of court proceedings other than by settlement or an award of damages--from service of the pre-filing statement to finalisation of the matter (a) in the case of a law practice acting for a claimant--nil(b) in the case of a law practice acting for an insurer--$20,600

Work Injury Costs Table B

Column 1 Column 2

Stage Costs

1 Advice on the certificate as to mediation (if the matter is referred to mediation) $250

2 From the giving of advice on the certificate of mediation (or, if the matter is not referred to mediation, from acceptance of the retainer) to finalisation of the matter by settlement or award of damages In addition to the $250 specified for stage 1 (if chargeable)--(a) if the settlement amount or award is $20,000 or less--nil(b) if the settlement amount or award is more than $20,000 but less than $50,001--10% of the settlement amount or award over $20,000(c) if the settlement amount or award is $50,001 or more but less than $100,001--$3,000 plus 8% of the settlement amount or award over $50,000(d) if the settlement amount or award is $100,001 or more--$7,000 plus 2% of the settlement amount or award over $100,000

3 From the giving of advice on the certificate of mediation (or, if the matter is not referred to mediation, from acceptance of the retainer) to finalisation of the matter other than by settlement or an award of damages. (a) in the case of a law practice acting for a claimant--nil(b) in the case of a law practice acting for an insurer--in addition to the $250 specified for stage 1 (if chargeable)--$12,500

2 Other costs for legal services

(1) Maximum costs for legal services provided in a claim for work injury damages may include (in addition to the costs for legal services referred to in clause 1) the costs set out in the Other Work Injury Costs Table to this clause.

(2) However, an amount for the fees for senior counsel, or for more than one advocate, are not to be included unless the court so orders.

Other Work Injury Costs Table

Column 1 Column 2

Nature of costs Maximum costs

1 Costs associated with a dispute under Part 6 of Chapter 7 of the 1998 Act as to whether the degree of permanent impairment of an injured worker is sufficient for an award of damages (including costs associated with referring the dispute for assessment by a medical assessor under Part 7 of that Chapter) $500

2 Costs associated with a dispute under section 317 of the 1998 Act as to whether a pre-filing statement is defective $200

3 Cost of representation at a mediation under section 318A of the 1998 Act--

(a) flat fee $400

(b) additional amount, at the mediator's discretion, if the conference exceeds 2 hours up to $125 per hour (or part of an hour) in excess of 2 hours

4 If the matter was referred to mediation and counsel advised before mediation about settlement--

(a) counsel's fee for advice about settlement $500 (separate to the daily rate below)

(b) cost of representation in court, per day, for advocate other than senior counsel $1,500

(c) cost of representation in court, per day, for senior counsel $2,200

If the matter was not referred to mediation--

(a) cost of representation in court, per day, for advocate other than senior counsel $1,500

(b) cost of representation in court, per day, for senior counsel $2,200

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Column 1	Column 2
Stage	Costs
1	From the acceptance of the retainer to the preparation and service of a claim under section 260 of the 1998 Act (including the provision of all relevant particulars under section 281 of that Act)	(a) in the case of a law practice acting for a claimant--$200(b) in the case of a law practice acting for an insurer--nil
2	From service of the claim under section 260 of the 1998 Act to the preparation and service of the pre-filing statement of claim under section 315 of that Act	(a) in the case of a law practice acting for a claimant--$300(b) in the case of a law practice acting for an insurer--nil
3	If--(a) the matter is referred to mediation and settlement occurs after the service of the pre-filing statement of claim without the issue of a certificate as to mediation under section 318B of the 1998 Act, or(b) the matter is not referred to mediation (because the insurer denies liability) and settlement occurs without the commencement of court proceedings, or(c) the insurer does not respond to the pre-filing statement of claim and settlement occurs without the commencement of court proceedings--from service of the pre-filing statement to finalisation of the matter	In addition to the $500 specified for stages 1 and 2 (if chargeable)--(a) if the settlement amount is $20,000 or less and the insurer wholly admitted liability for the claim--$500(b) if the settlement amount is $20,000 or less and the insurer wholly or partly denied liability for the claim--10% of the settlement amount(c) if the settlement amount is more than $20,000 but less than $50,001 and the insurer wholly admitted liability for the claim--$500 plus 12% of the settlement amount over $20,000(d) if the settlement amount is more than $20,000 but less than $50,001 and the insurer wholly or partly denied liability for the claim--$2,000 plus 12% of the settlement amount over $20,000(e) if the settlement amount is $50,001 or more but less than $100,001 and the insurer wholly admitted liability for the claim--$4,100 plus 10% of the settlement amount over $50,000(f) if the settlement amount is $50,001 or more but less than $100,001 and the insurer wholly or partly denied liability for the claim--$5,600 plus 10% of the settlement amount over $50,000(g) if the settlement amount is $100,001 or more and the insurer wholly admitted liability for the claim--$9,100 plus 2% of the settlement amount over $100,000(h) if the settlement amount is $100,001 or more and the insurer wholly or partly denied liability for the claim--$10,600 plus 2% of the settlement amount over $100,000
4	If the matter is referred to mediation and settlement occurs after the issue of a certificate as to the mediation under section 318B of the 1998 Act but without the commencement of court proceedings--from service of the pre-filing statement to finalisation of the matter	The total of the following--(a) an amount determined, in accordance with stage 3, by reference to the amount of the settlement,(b) 2% of the amount of the settlement
5	If the matter is referred to mediation and the claim is withdrawn by the claimant after the issue of a certificate as to the mediation under section 318B of the 1998 Act but before the commencement of court proceedings--from service of the pre-filing statement to finalisation of the matter	(a) in the case of a law practice acting for a claimant--nil(b) in the case of a law practice acting for an insurer--$12,500
6	If the matter is referred to mediation and is finalised after the commencement of court proceedings (whether by way of settlement or an award of damages)--from service of the pre-filing statement to finalisation of the matter	The total of the following--(a) an amount determined in accordance with stage 4, by reference to the amount of the settlement or award as if that amount were the amount of the settlement referred to in stage 4,(b) 2% of the amount of the settlement or award
7	If the matter is not referred to mediation and the matter is finalised after the commencement of court proceedings (whether by way of settlement or an award of damages)--from service of the pre-filing statement to finalisation of the matter	The total of the following--(a) an amount determined in accordance with stage 3, by reference to the amount of the settlement or award as if that amount were the amount of the settlement referred to in stage 3,(b) 2% of the amount of the settlement or award
8	If the matter is finalised after the commencement of court proceedings other than by settlement or an award of damages--from service of the pre-filing statement to finalisation of the matter	(a) in the case of a law practice acting for a claimant--nil(b) in the case of a law practice acting for an insurer--$20,600

Column 1	Column 2
Nature of costs	Maximum costs
1	Costs associated with a dispute under Part 6 of Chapter 7 of the 1998 Act as to whether the degree of permanent impairment of an injured worker is sufficient for an award of damages (including costs associated with referring the dispute for assessment by a medical assessor under Part 7 of that Chapter)	$500
2	Costs associated with a dispute under section 317 of the 1998 Act as to whether a pre-filing statement is defective	$200
3	Cost of representation at a mediation under section 318A of the 1998 Act--
	(a) flat fee	$400
	(b) additional amount, at the mediator's discretion, if the conference exceeds 2 hours	up to $125 per hour (or part of an hour) in excess of 2 hours
4	If the matter was referred to mediation and counsel advised before mediation about settlement--
	(a) counsel's fee for advice about settlement	$500 (separate to the daily rate below)
	(b) cost of representation in court, per day, for advocate other than senior counsel	$1,500
	(c) cost of representation in court, per day, for senior counsel	$2,200
	If the matter was not referred to mediation--
	(a) cost of representation in court, per day, for advocate other than senior counsel	$1,500
	(b) cost of representation in court, per day, for senior counsel	$2,200