New South Wales Consolidated Regulations New South Wales Consolidated Regulations(Clause 22 (1))
(1) The maximum costs for legal services provided to a claimant or an insurer in connection with a merit review under Division 7.4 of the Act involving a dispute about a regulated merit review matter are 16 monetary units (to a maximum of 60 monetary units per claim).
(2) Each of the following merit review matters is a
"regulated merit review matter" --(a) whether the insurer is entitled to refuse payment of statutory benefits in accordance with section 3.34 (Effect of death on entitlement to statutory benefits) of the Act,(b) whether the insurer is entitled to refuse payment of statutory benefits in accordance with section 3.35 (No statutory benefits if workers compensation payable) of the Act,(c) whether the insurer is entitled to refuse payment of statutory benefits in accordance with section 3.36 (No statutory benefits for at-fault driver or owner if vehicle uninsured) of the Act,(d) whether the insurer is entitled to refuse payment of statutory benefits in accordance with Part 3 of the Civil Liability Act 2002 (as applied by section 3.39 (Limitation on statutory benefits in relation to certain mental harm) of the Act),(e) whether the insurer is entitled to refuse payment of statutory benefits in accordance with section 3.40 (Effect of recovery of damages on statutory benefits) of the Act,(f) whether the insurer is entitled to delay the making of an offer of settlement under section 6.22 (Duty of insurer to make offer of settlement on claim for damages) of the Act,(g) whether for the purposes of section 6.24 (Duty of claimant to co-operate with other party) of the Act a request made of the claimant is reasonable or whether the claimant has a reasonable excuse for failing to comply,(h) whether the claimant has provided the insurer with all relevant particulars about a claim in accordance with section 6.25 (Duty of claimant to provide relevant particulars of claim for damages) of the Act,(i) whether the insurer is entitled to give a direction to the claimant under section 6.26 (Consequences of failure to provide relevant particulars of claim for damages) of the Act.
(3) The maximum costs for legal services provided in connection with a review of a decision about any merit review matter by a review panel (including in connection with the application for referral of the decision to the review panel) are as follows--(a) if the President approves the application for referral--16 monetary units,(b) if the President refuses to approve the application--(i) for legal services provided to the applicant--nil,(ii) for legal services provided to the respondent--8 monetary units.
(4) The maximum costs set out in subclause (3) are in addition to the maximum costs set out in subclause (1).
(1) The maximum costs for legal services provided to a claimant or an insurer in connection with a medical assessment under Division 7.5 of the Act are 16 monetary units (to a maximum of 60 monetary units per claim).
(2) The maximum costs for legal services provided in connection with a further medical assessment under section 7.24 of the Act (including in connection with the application for referral of the decision for further assessment) are as follows--(a) if the President approves the application for referral--16 monetary units,(b) if the President refuses to approve the application--(i) for legal services provided to the applicant--nil,(ii) for legal services provided to the respondent--8 monetary units.
(3) The maximum costs for legal services provided in connection with a review of a medical assessment by a review panel under section 7.26 of the Act (including in connection with the application for referral of the medical assessment to the review panel) are as follows--(a) if the President approves the application for referral--16 monetary units,(b) if the President refuses to approve the application--(i) for legal services provided to the applicant--nil,(ii) for legal services provided to the respondent--8 monetary units.
(4) The maximum costs set out in subclauses (2) and (3) are in addition to the maximum costs set out in subclause (1).
(1) The maximum costs for legal services provided to a claimant or an insurer in connection with an assessment under Division 7.6 of the Act involving a dispute about a regulated miscellaneous claims assessment matter are 16 monetary units (to a maximum of 60 monetary units per claim).
(2) Each of the following miscellaneous claims assessment matters is a
"regulated miscellaneous claims assessment matter" --(a) whether for the purposes of section 2.30 (Claim against Nominal Defendant where vehicle not identified) of the Act there has been due inquiry and search to establish the identity of a motor vehicle,(a1) whether for the purposes of section 2.30 (Claim against Nominal Defendant where vehicle not identified) of the Act the person whose death or injury resulted from the motor accident was a trespasser on land that is a road related area open to or used by the public for driving, riding or parking vehicles,(b) whether the Nominal Defendant has lost the right to reject a claim under section 2.31 (Rejection of claim for failure to make due inquiry and search to establish identity of vehicle) of the Act for failure to make due inquiry and search to establish the identity of a vehicle,(c) whether for the purposes of section 3.1 (Statutory benefits payable in respect of death or injury resulting from motor accident) of the Act the death of or injury to a person has resulted from a motor accident in this State,(d) whether for the purposes of section 3.11 (Cessation of weekly payments to injured persons most at fault or with threshold injury after 26 weeks) of the Act the motor accident concerned was caused by the fault of another person,(e) whether for the purposes of section 3.28 (Cessation of statutory benefits after 26 weeks to injured adult persons most at fault or to injured persons with threshold injury) or 3.36 (No statutory benefits for at-fault driver or owner if vehicle uninsured) of the Act the motor accident was caused mostly by the fault of the injured person,(f) whether the insurer is entitled to refuse payment of statutory benefits in accordance with section 3.37 (No statutory benefits payable to injured person who commits serious driving offence) of the Act,(g) whether the insurer is entitled to reduce the statutory benefits payable in respect of the motor accident in accordance with section 3.38 (Reduction of weekly statutory benefits after 12 months for contributory negligence) of the Act,(g1) any issue of liability for a claim, or part of a claim, for statutory benefits referred to in clause 3 (n) of Schedule 2 to the Act,(g2) whether for the purposes of Part 5 (Recovery for no-fault motor accidents) of the Act a motor accident is a no-fault motor accident,(h) whether for the purposes of Part 6 (Motor accident claims) of the Act the claimant has given a full and satisfactory explanation for non-compliance with a duty or for delay,(i) whether for the purposes of section 6.9 (Compliance with verification requirements--claim for statutory benefits) or 6.10 (Compliance with verification requirements--claim for damages) of the Act the motor accident verification requirements have been complied with,(j) whether notice of a claim has been given in accordance with section 6.12 (Notice of claims for statutory benefits or damages) of the Act,(k) whether the insurer is entitled to refuse payment of weekly payments of statutory benefits in accordance with section 6.13 (Time for making of claims for statutory benefits) of the Act,(l) whether a late claim may be made in accordance with section 6.14 (Time for making of claims for damages) of the Act,(m) whether a claim may be rejected for non-compliance with section 6.15 (How notice of claims given) of the Act.
The maximum costs for legal services provided in a motor accidents matter in connection with any matter relating to a claims assessment set out in Column 1 of the Table to this clause are the costs set out in Column 2 opposite that matter.
| Column 1 | Column 2 | |
| Monetary units | ||
| Representation at an assessment conference under section 7.46 of the Act-- | ||
| (a) maximum flat fee | 30 | |
| (b) maximum additional amount per hour for each hour in excess of 2 hours | 3 | |
| Conference directly related to an assessment of a claim for damages or a court hearing, maximum per hour | 3 |
The maximum costs for legal services provided in a motor
accidents matter in connection with any matter relating to court proceedings
set out in Column 1 of the Table to this clause are the costs set out in
Column 2 opposite that matter.
An amount for the fees for senior counsel, or for more than one advocate, is
not to be included unless the court so orders.
| Column 1 | Column 2 | |
| Monetary units | ||
| Interlocutory court proceedings | 8 | |
| Representation in court-- | ||
| (a) maximum per day for advocate other than senior counsel | 25 | |
| (b) maximum per day for senior counsel | 35.5 | |
| Conference directly related to an assessment of a claim for damages or a court hearing, maximum per hour | 3 |
(1) The maximum costs for legal services provided in a claim for statutory benefits or damages in connection with a matter relating to a compensation matter application set out in Column 1 of the Table to this clause are the costs set out in Column 2 opposite that matter.
(2) An amount for the fees for senior counsel, or for more than one advocate, is not to be included unless the court so orders.
(3) In this clause--
"compensation matter application" has the same meaning as in section 26 of the Personal Injury Commission Act 2020 in relation to which leave has not been granted by the District Court.Table
Column 1 Column 2 Monetary units Court proceedings in relation to a compensation matter application 10 Representation in court-- (a) maximum per day for advocate other than senior counsel 25 (b) maximum per day for senior counsel 35.5 Conference directly related to a compensation matter application 3
The maximum costs set out in this Part are in addition to the maximum costs set out in Part 1 of this Schedule.
(1) The maximum costs for legal services provided for a stage of a motor accidents matter set out in Column 2 of Table A to this clause in connection with a claim for damages are the costs set out in Column 3 opposite that stage.
(2) However, if a legal practitioner was first retained in the matter after a certificate as to the claims assessment was issued under section 7.36 of the Act, the maximum costs for legal services provided for a stage set out in Column 2 of Table B to this clause are the costs set out in Column 3 opposite that stage (or, if the stage is described by reference to different factors, the costs calculated in accordance with the provisions of Columns 2 and 3 relating to those factors).
(3) Costs may be charged for more than one stage described in this Schedule.
(4) Other than stage 1 in Table B to this clause, each stage specifies the maximum costs payable for all legal services provided in the period commencing on the occurrence of one specified event and concluding on the occurrence of another specified event or the resolution of the claim (whichever occurs first).
(5) A reference in a Table to this clause to an award of damages is a reference to the amount of the award after deducting the amount of any statutory benefits paid under Division 3.3 of the Act.
Table A Maximum costs for stages of claim--general
Column 1 Column 2 Column 3 Stage Maximum costs 1 From the acceptance of the retainer to the preparation and service of a notice of claim (including the provision of all relevant particulars about the claim to the insurer, even if those particulars are requested after the claim is served)-- (a) in the case of an Australian legal practitioner acting for a claimant, or 2.92 monetary units (b) in the case of an Australian legal practitioner acting for an insurer nil 2 From service of the notice of claim under Division 6.3 of the Act to the preparation and service of a response to the insurer's offer of settlement under section 6.22 of the Act-- (a) in the case of an Australian legal practitioner acting for a claimant, or 4.32 monetary units (b) in the case of an Australian legal practitioner acting for an insurer nil 3 If resolution of the claim occurs without the issue of a certificate under section 7.36 of the Act--from service of the response to the insurer's offer of settlement under section 6.22 of the Act to resolution of the claim (in addition to the 7.24 monetary units specified for stages 1 and 2 if chargeable)-- (a) if the amount to be paid in resolution of the claim (the
"resolution amount" ) is not more than $20,000 and the insurer wholly admitted liability for the claim, or7.24 monetary units (b) if the resolution amount is not more than $20,000 and the insurer did not wholly admit liability for the claim--for each dollar of the settlement amount, or 10 cents (c) if the resolution amount is more than $20,000 but not more than $50,000 and the insurer wholly admitted liability for the claim-- (i) base amount, and 7.24 monetary units (ii) for each dollar of the resolution amount over $20,000, or 12 cents (d) if the resolution amount is more than $20,000 but not more than $50,000 and the insurer did not wholly admit liability for the claim-- (i) base amount, and 25.92 monetary units (ii) for each dollar of the resolution amount over $20,000, or 12 cents (e) if the resolution amount is more than $50,000 but not more than $100,000 and the insurer wholly admitted liability for the claim-- (i) base amount, and 51.84 monetary units (ii) for each dollar of the resolution amount over $50,000, or 10 cents (f) if the resolution amount is more than $50,000 but not more than $100,000 and the insurer did not wholly admit liability for the claim-- (i) base amount, and 71.28 monetary units (ii) for each dollar of the resolution amount over $50,000, or 10 cents (g) if the resolution amount is more than $100,000 and the insurer wholly admitted liability for the claim-- (i) base amount, and 114.48 monetary units (ii) for each dollar of the resolution amount over $100,000, or 2 cents (h) if the resolution amount is more than $100,000 and the insurer did not wholly admit liability for the claim-- (i) base amount, and 133.92 monetary units (ii) for each dollar of the resolution amount over $100,000 2 cents 4 If resolution of the claim occurs after the issue of a certificate under section 7.36 of the Act but without the commencement of court proceedings--from the issue of the certificate to finalisation of the matter-- (a) an amount determined, in accordance with stage 3, by reference to the amount of the assessment as if that assessment were the resolution amount referred to in stage 3, and as per stage 3 (b) for each dollar of the assessment amount 2 cents 5 If the matter is finalised after the commencement of court proceedings (whether by way of settlement or an award of damages)--from the issue of the certificate under section 7.36 of the Act to finalisation of the matter-- (a) an amount determined in accordance with stage 4, and as per stage 4 (b) for each dollar of the settlement or award amount 2 cents Table B Maximum costs for stages of claim--where legal practitioner first retained after claims assessment
Column 1 Column 2 Column 3 Stage Maximum costs 1 Advice on the issue of the certificate under section 7.36 of the Act 3.56 monetary units 2 From the giving of the advice on the certificate issued under section 7.36 of the Act to finalisation of matter by settlement or award of damages (in addition to the 3.56 monetary units specified for stage 1)-- (a) if the settlement amount or award is not more than $20,000, or nil (b) if the settlement amount or award is more than $20,000 but not more than $50,000--for each dollar of the settlement amount or award over $20,000, or 10 cents (c) if the settlement amount or award is more than $50,000 but not more than $100,000-- (i) base amount, and 37.8 monetary units (ii) for each dollar of the settlement amount or award over $50,000, or 8 cents (d) if the settlement amount or award is more than $100,000-- (i) base amount, and 88.56 monetary units (ii) for each dollar of the settlement amount or award over $100,000 2 cents
(1) An advocate whose principal chambers or offices are in the Sydney Metropolitan area is entitled, in respect of proceedings under Division 7.6 of the Act heard or partially heard in a town outside that area, to a loading for that town in accordance with the Table to this clause. If proceedings take place at 2 or more towns outside that area, the loading payable is that appropriate to the town that is the farther or farthest from those chambers or offices.
(2) An advocate whose principal chambers or offices are in a town outside the Sydney Metropolitan area is entitled, in respect of proceedings under Division 7.6 of the Act heard or partially heard in the Sydney Metropolitan area, to a loading for that town in accordance with the Table to this clause.
(3) An advocate whose principal chambers or offices are in a town outside the Sydney Metropolitan area is entitled, in respect of proceedings under Division 7.6 of the Act heard or partially heard at another such town, to a loading for that other town in accordance with the Table to this clause. If proceedings take place at 2 or more towns outside that area, the loading payable is that appropriate to the town that is the farther or farthest from those chambers or offices.
(4) For the purposes of this clause, if a town is not included in the Table to this clause, the loading for that town is to be the loading for the nearest town that is so included.
(5) If an advocate holds more than one brief in respect of proceedings heard under Division 7.6 of the Act at a place on any one day and a loading is applicable under this clause, the loading is to be divided equally between those briefs in respect of which an advocate's fees are awarded or payable.
Table
Town Maximum loading $ Albury 1,042 Armidale 956 Batemans Bay 954 Bathurst 756 Bega 1,150 Bourke 1,643 Broken Hill 1,774 Byron Bay 948 Campbelltown 91 Canberra and ACT 757 Casino 1,074 Cessnock 592 Cobar 1,511 Coffs Harbour 841 Condobolin 1,281 Cooma 1,270 Coonamble 1,225 Cootamundra 868 Cowra 669 Deniliquin 1,119 Dubbo 886 Forbes 886 Glen Innes 841 Gosford 254 Goulburn 625 Grafton 1,030 Griffith 847 Gundagai 994 Gunnedah 980 Hay 1,096 Inverell 984 Katoomba 345 Kempsey 906 Lismore 948 Lithgow 393 Maitland and East Maitland 592 Moree 887 Moruya 721 Moss Vale 409 Mudgee 705 Murwillumbah 1,096 Muswellbrook 627 Narrabri 823 Narrandera 818 Newcastle 592 Nowra 592 Nyngan 1,407 Orange 674 Parkes 912 Penrith 91 Port Macquarie 764 Queanbeyan 757 Singleton 910 Tamworth 882 Taree 705 Tweed Heads 1,028 Wagga Wagga 783 Wentworth 1,662 Wollongong 375 Yass 666 Young 868
(1) An advocate whose principal chambers or offices are in New South Wales is entitled, in respect of proceedings heard or partially heard under Division 7.6 of the Act in another State or Territory, to such reasonable loading as is determined by the court or the Commission.
(2) If an advocate holds more than one brief in respect of proceedings under Division 7.6 of the Act heard at a place on any one day and a court or the Commission determines that a loading is applicable under this clause, the loading is to be divided equally between those briefs in respect of which an advocate's fees are awarded or payable.