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MOTOR ACCIDENT INSURANCE REGULATION 2018 - REG 29
Costs if mandatory final offer accepted—Act, s 51C
29 Costs if mandatory final offer accepted—Act, s 51C
(1) For section 51C (4) of the Act , if a mandatory final offer for more than
the lower offer limit but not more than the upper offer limit is accepted, the
claimant is entitled to payment of costs as follows— (a) 100% of
item 1 costs;
(b) 50% of item 5 costs;
(c) the claimant’s costs of legal
representation, if any, at the compulsory conference at the rate of $175 for
the first hour and $150 for every hour after the first and, for a period of
less than 1 hour, the relevant proportion of the appropriate hourly rate;
(d)
the claimant’s costs of an application to the court up to a maximum of $400;
(e) reasonable disbursements of which documentary evidence is available.
(2)
However, if the amount calculated under subsection (1) is more than the
declared costs limit, the claimant’s entitlement is limited to the declared
costs limit.
(3) In this section—
"item 1 costs" means costs allowable under the
Uniform Civil Procedure Rules 1999 , schedule 2 , part 2 , item 1.
"item 5 costs" means costs allowable under the
Uniform Civil Procedure Rules 1999 , schedule 2 , part 2 , item 5.
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