New South Wales Consolidated Regulations

MOTOR ACCIDENT INJURIES REGULATION 2017 - REG 22

22 Fixing of maximum costs recoverable by legal practitioners (sections 8.3 and 8.10)

(1) Except as otherwise provided by this Part, the costs set out in Schedule 1 are the maximum costs recoverable by Australian legal practitioners and claimants for--

(a) legal services provided by an Australian legal practitioner to a claimant or to an insurer in a motor accidents matter, and

(b) matters that are not legal services but are related to a motor accidents matter.

(2) If there is a change in the Australian legal practitioner retained by a claimant or insurer in a motor accidents matter, the relevant costs are to be apportioned between the Australian legal practitioners concerned.

(3) If there is a dispute as to such an apportionment, either Australian legal practitioner concerned (or the client claimant or insurer concerned) may refer the dispute to the President for determination (unless the dispute arose in a matter involving a claim for damages that is exempt from assessment under section 7.34 of the Act).

(4) The President is to arrange for a dispute referred under this section to be dealt with by--

(a) if the dispute arose in a matter involving a claim for statutory benefits--a merit reviewer, or

(b) if the dispute arose in a matter involving a claim for damages--a member of the Commission assigned to the Motor Accidents Division of the Commission.

(5) An Australian legal practitioner has the same right of appeal against a determination made under subclause (3) as the practitioner would have under section 205 of the Legal Profession Uniform Law (NSW) if the determination were a determination of a costs assessor under Division 7 of Part 4.3 of that Law.