Victorian Current Acts

ACCIDENT COMPENSATION ACT 1985 - SECT 134AGB

    (1)     Subject to subsection (2), the Governor in Council may by Order in Council make a litigated claims legal costs order—

        (a)     specifying the legal costs that may be recovered from a worker by a legal practitioner acting on behalf of the Authority or self-insurer in respect of any claim, application or proceedings under or in accordance with section 134AB , 135, 135A or 135B; and

        (b)     prescribing or specifying any matter or thing required to give effect to the legal costs order including procedures for resolving any dispute that arises in relation to the costs payable under the Order.

    (2)     Before a litigated claims legal costs order is made under subsection (1), the Minister must consult with the Attorney-General and Treasurer.

    (3)     A litigated claims legal costs order—

        (a)     must be published in the Government Gazette;

        (b)     takes effect on and from the date on which it is published or any later date of commencement as may be specified in the order;

        (c)     applies to legal costs incurred on or after the date of commencement of the order;

        (d)     in the case of—

              (i)     the first litigated legal costs order to be made under subsection (1) after the commencement of section 99 of the Transport Accident and Accident Compensation Legislation Amendment Act 2010 , must be reviewed by the Minister within 2 years of the commencement of the litigated legal costs order;

              (ii)     each subsequent litigated legal costs order made under subsection (1) after the litigated legal costs order specified in subparagraph (i) is made, must be reviewed by the Minister 3 years after commencement of each subsequent litigated legal costs order.

    (4)     Section 134AB(29), 135A(13B) or 135B(7) does not apply in proceedings to which a litigated claims legal costs order under subsection (1)(a) applies.

    (5)     If a litigated claims legal costs order under subsection (1)(a) is in force, legal costs in respect of any claim, application or proceeding referred to in subsection (1)(a) to which the order applies cannot be recovered except in accordance with the order.

Pt 4 Div. 9 (Heading) substituted by No. 26/2000 s. 20(2).

Division 9—Actions in respect of injuries to which Division 8A does not apply

S. 134A inserted by
No. 107/1997
s. 45.