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Contents (2011 - 37)
Workers Compensation Regulation 2010
Repealed version for 30 June 2016 to 31 August 2016 (accessed 23 November 2017 at 18:31)
102   Fixing of maximum costs recoverable by legal practitioners
(1)  The maximum costs for:
(a)  legal services provided in or in relation to a claim for work injury damages, and
(b)  matters that are not legal services but are related to a claim for work injury damages,
are the costs set out in Schedule 7, 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 work injury damages unless those costs are set out in Schedule 7, except as otherwise provided in this Part.
(2)  If there is a change in the legal practitioner retained by a party in or in relation to a claim for work injury damages, the relevant costs are to be apportioned between the legal practitioners concerned.
(3)  If there is a dispute as to such an apportionment, either legal practitioner concerned (or the client concerned) may refer the dispute to the Commission for determination.
(4)  A legal practitioner has the same right of appeal against a determination made under subclause (3) as the practitioner 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.