South Australian Numbered Regulations South Australian Numbered Regulations44—Costs (section 106(1) of Act)
(1) For the purposes of section 106(1) of the Act, the costs awarded to a party who is represented in proceedings that take place under Part 6 of the Act cannot exceed—
(a) for assistance in the preparation and lodgement of an application to the Tribunal—$402 (indexed); and
(b) for participation in proceedings before the Tribunal up to and including a compulsory conciliation conference under Division 5 of that Part (including the preparation of any necessary documentation)—
(i) $745 (indexed); or
(ii) if the Tribunal determines, on application by the party, that the party is entitled to an award of costs of an amount greater than $745 (indexed)—$2 464 (indexed); and
(c) for participation in proceedings before the Tribunal if they extend beyond a compulsory conciliation conference—the limit applying under section 106(6) of the Act.
applies subject to the qualification that if the proceedings in respect of which a party is entitled to an award of costs involve more than 1 application, the party and the relevant compensating authority may agree, or the Tribunal may order, that the party is not to be awarded costs up to the relevant limit for participation in proceedings before the Tribunal in respect of each separate application.
(3) The relevant compensating authority is entitled to appear and be heard on an application under subregulation (1)(b)(ii)
.
(4) For the purposes of section 106(2)(b) of the Act, costs may be awarded to reimburse disbursements incurred by a party to proceedings before the Tribunal up to a reasonable amount reasonably incurred, subject to the qualification that costs for medical services reimbursed as disbursements in the proceedings are limited to the scales of charges that apply for the purposes of section 33 of the Act or, if a service is not covered by a scale of charges under that section, to an amount determined in accordance with the principles that apply under that section.
(5) If a limit on costs prescribed by subregulation (1)
is varied or adjusted following the commencement of a process in relation to which an award of costs may be made under section 106 of the Act, the award of costs is subject to the limit that applied when the process was commenced.