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Contents (2011 - 37)
Workers Compensation Regulation 2010
Repealed version for 30 June 2016 to 31 August 2016 (accessed 18 November 2017 at 06:23)
98   Maximum costs recoverable
(1)  The costs that are recoverable, and the maximum costs that are recoverable, for:
(a)  legal services or agent services provided in or in relation to a claim for compensation, and
(b)  matters that are not legal or agent services but are related to a claim for compensation,
are the costs set out in Schedule 6, except as otherwise provided by this Part.
Note.
 The effect of this clause is that a legal practitioner or agent cannot recover any costs in relation to a claim for compensation unless those costs are set out in Schedule 6, except as otherwise provided in this Part.
(2)  If there is a change in the legal practitioner or agent retained by a party in or in relation to a claim made or to be made for compensation, the relevant costs are to be apportioned between the legal practitioners or agents concerned.
(3)  If there is a dispute as to such an apportionment, either legal practitioner or agent concerned (or the client) may refer the dispute to the Registrar for determination.
(4)  A legal practitioner or agent has the same right of appeal against a determination made under subclause (3) as the legal practitioner or agent would have under clause 135 if the determination were a determination made by the Registrar in relation to a bill of costs.
Note.
 Division 3 of Part 3.2 of the Legal Profession Act 2004 requires barristers and solicitors, before providing any legal services to a client, to provide the client with a written disclosure of the basis of the costs (or an estimate of the likely costs) of legal services concerned.