Queensland Consolidated Acts

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 313

313 Costs if written final offer by insurer

(1) This section applies if—

(a) the insurer makes a written final offer that is not accepted by the claimant; and

(b) the claim is dismissed, the court makes no award of damages or makes an award of damages that is equal to or less than the insurer’s written final offer; and

(c) the court is satisfied that the insurer was at all material times willing and able to carry out what was proposed in the written final offer.

(2) The court must—

(a) order the insurer to pay the claimant’s costs, calculated on the standard basis, up to and including the day of service of the written final offer; and

(b) order the claimant to pay the insurer’s costs, calculated on the standard basis, after the day of service of the written final offer.