South Australian Numbered Regulations South Australian Numbered RegulationsSchedule 2—Legal costs and disbursements
In this Schedule—
disability has the same meaning as in the District Court Civil Rules 2006 as in force at the commencement of this clause.
(1) The prescribed amounts in relation to costs of a solicitor for a claim for compensation are as follows:
(a) for all work involved in a limited claim where the identity of the offender is known and compensation is agreed—$700 (indexed);
(b) for all work involved in a claim that is not a limited claim or a related claim—$1 400 (indexed);
(c) for all work involved in a claim that is a related claim—
(i) for the first claim—$1 400 (indexed); and
(ii) for each of the other related claims—$1 100 (indexed).
(2) The prescribed amount in relation to costs of a solicitor for all work involved in an application to the court for approval of settlement of a claim made by a person under a disability is $350 (indexed).
The prescribed amounts in relation to costs of counsel for a claim for compensation are as follows:
(a) for all work preparatory to an application to the court for compensation (including advice on evidence and any other legal advice on the application, conferences and proofing witnesses) and for the first 5 hours of the hearing of the application—$1 000 (indexed);
(b) for each hour or part of an hour after the first 5 hours of the hearing of the application—$200 (indexed);
(c) for an opinion as to the settlement of a claim for compensation made by a person under a disability—$700 (indexed);
(d) for an opinion as to the settlement of a related claim for compensation made by a person under a disability—$500 (indexed).
The prescribed amount in relation to costs for an appeal is $700 (indexed).
(1) Subject to this clause, if—
(a) an application for statutory compensation is made to the court, a legal practitioner may recover all disbursements reasonably incurred under the Act as certified by the court;
(b) an application for statutory compensation is settled without any such application being made, a legal practitioner may recover all disbursements reasonably incurred as certified by the Crown Solicitor.
(2) A legal practitioner may recover the reasonable cost of obtaining the following reports relating to a claim for statutory compensation:
(a) a hospital report (up to 20 pages);
(b) the report of a general medical practitioner or dentist.
(3) A legal practitioner may not recover the cost of obtaining a report relating to a claim for statutory compensation—
(a) in the case of a hospital report that is longer than 20 pages, unless—
(i) the Crown Solicitor has given prior agreement; or
(ii) the court is satisfied that the whole of the victim's record from the hospital is, in the circumstances, necessary for the determination of the matter;
(b) in the case of a report from a specialist health practitioner or other expert, unless—
(i) the Crown Solicitor has given prior agreement; or
(ii) the court is satisfied that the report from a specialist health practitioner or other expert is necessary to provide the court with the evidence required for the determination of the matter;
(c) in the case of a report from an allied health practitioner, unless—
(i) the Crown Solicitor has given prior agreement that the report is necessary, having regard to—
(A) the nature of the claimant's injury; and
(B) the qualifications and field of practice of the allied health practitioner; and
(C) whether the claimant was referred to the allied health practitioner for treatment by a medical practitioner; and
(D) whether a report from a general medical practitioner or dentist could provide the evidence necessary for the determination of the matter; and
(E) the estimated cost of the report from the allied health practitioner; and
(F) whether obtaining the report from the allied health practitioner would likely avoid the need to obtain a more costly report from a medical practitioner or dentist; and
(G) whether the claimant has obtained, or proposes to obtain, a report from a medical practitioner or dentist; and
(H) any other matter that, in the circumstances, may compromise (or give the appearance of compromising) the independence of the allied health practitioner or undermine the reliability of the report; or
(ii) the court is satisfied that the report of a medical practitioner or dentist would not provide the court with the evidence necessary for the determination of the matter;
(d) in the case of any other report, unless—
(i) application for statutory compensation was made to the Crown Solicitor in accordance with section 18 of the Act but no acceptable settlement offer was made within the period for negotiation; or
(ii) the Crown Solicitor has given prior agreement that the additional report is necessary, having regard to—
(A) the nature of the claimant's injury; and
(B) whether the person proposed to provide the report has treated the claimant for the injury; and
(C) whether a report from a general medical practitioner or dentist would provide the evidence necessary for the determination of the matter.