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Contents (2011 - 37)
Workers Compensation Regulation 2010
Repealed version for 30 June 2016 to 31 August 2016 (accessed 24 November 2017 at 05:31)
Part 17 Division 4 Subdivision 1
Subdivision 1 Preliminary
110   Definitions
In this Division:
agent bill of costs means a bill of costs for providing agent services within the meaning of section 337 of the 1998 Act.
bill of costs means a legal bill of costs or an agent bill of costs.
client of a legal practitioner or agent means a person to whom the practitioner or agent has provided legal services or agent services in respect of any workers compensation matter or work injury damages matter.
legal bill of costs means a bill of costs for providing legal services within the meaning of Part 3.2 of the Legal Profession Act 2004.
111   Application by client for assessment of practitioner/client or agent/client costs
(1)  A client who is given a bill of costs may apply to the Registrar for an assessment of the whole of, or any part of, so much of those costs as are payable on a practitioner and client basis or an agent and client basis.
(2)  An application relating to a bill of costs may be made even if the costs have been wholly or partly paid.
(3)  If any costs have been paid without a bill of costs, the client may nevertheless apply for an assessment. For that purpose the request for payment by the legal practitioner or agent is taken to be the bill of costs.
Note.
 Section 343 (1) of the 1998 Act provides that the legal representative or agent of a person in respect of a claim for compensation made or to be made by the person is not entitled to recover from the person any costs in respect of the claim unless those costs are awarded by the Commission.
112   Application by instructing practitioner or agent for assessment of practitioner/client or agent/client costs
(1)  A legal practitioner or agent who:
(a)  retains another legal practitioner or agent to act on behalf of the client, and
(b)  is given a bill of costs in accordance with this Part by the other legal practitioner or agent,
may apply to the Registrar for an assessment of the whole, or any part of, so much of those costs as are payable on a practitioner and client basis or an agent and client basis.
(2)  An application may not be made if there is a costs agreement between the client and the other legal practitioner or agent.
(3)  An application is to be made within 30 days after the bill of costs is given and may be made even if the costs have been wholly or partly paid.
113   Application by billing practitioner or agent for assessment of practitioner/client or agent/client costs
(1)  A legal practitioner or agent who has given a bill of costs may apply to the Registrar for an assessment of the whole of, or any part of, so much of those costs as are payable on a practitioner and client basis or an agent and client basis.
(2)  An application may not be made unless:
(a)  the bill of costs includes the following particulars:
(i)  a description of the legal services or agent services provided,
(ii)  if relevant, an identification of each general resolution type referred to in Table 2 in Part 2 of Schedule 6 by reference to the item number and column number in Table 2 of the general resolution type that was attained,
(iii)  if relevant, an identification of each special resolution type referred to in Table 3 in Part 2 of Schedule 6 by reference to the item number and column number in Table 3 of the special resolution type that was attained,
(iv)  if relevant, an identification of the phase of each general resolution type referred to in Table 1 in Part 2 of Schedule 6 by reference to the item number and column number in Table 1 of the general resolution type that was attained,
(v)  if relevant, an identification of each additional legal service or other factor referred to in Table 4 in Part 2 of Schedule 6 by reference to the item number and (where relevant) column number in Table 4 of the legal service or factor,
(vi)  an identification of each disbursement incurred by reference to a paragraph number in clause 96 or an item number in Part 3 of Schedule 6,
(vii)  an identification of each activity, event or stage specified in Schedule 7, by reference to the item number of the activity, event or stage, that was carried out,
(viii)  the amount sought, and
(b)  at least 30 days have passed since the bill of costs was given or an application has been made under this Division by another person in respect of the bill of costs.
114   Application for assessment of party/party costs—compensation matters
(1)  A person who is entitled to receive or who has received costs, in or in connection with a workers compensation matter, as a result of:
(a)  an order for the payment of an unspecified amount of costs made by a court or the Commission, or
(b)  an agreement, evidenced in writing by the party liable to pay the costs, for the payment of an unspecified amount of costs,
may apply to the Registrar for an assessment of the whole of, or any part of, those costs.
(2)  A person who has paid or is liable to pay costs, in or in connection with a workers compensation matter, as a result of an order or agreement referred to in subclause (1) may apply to the Registrar for an assessment of the whole of, or any part of, those costs after the period of 60 days after the making of the order or agreement.
(3)  A court or the Commission may direct the Registrar to assess costs payable as a result of an order made by the court or the Commission. Any such direction is taken to be an application for assessment duly made under this Division.
115   Application for assessment of party/party costs—work injury damages matters
(1)  A person who has paid or is liable to pay, or who is entitled to receive or who has received, costs, in or in connection with a work injury damages matter, as a result of an order for the payment of an unspecified amount of costs made by a court or the Commission may apply to the Registrar for an assessment of the whole of, or any part of, those costs.
(2)  A court or the Commission may direct the Registrar to assess costs payable as a result of an order made by the court or the Commission. Any such direction is taken to be an application for assessment duly made under this Division.
116   How is an application to be made?
(1)  An application for assessment is to be made in the form approved by the Commission and is, subject to subclause (4), to be accompanied by the fee determined by the Commission from time to time.
(2)  The application must authorise the Registrar to have access to, and to inspect, all documents of the applicant that are held by the applicant, or by any legal practitioner or agent concerned, in respect of the matter to which the application relates.
(3)  The Registrar may waive or postpone payment of the fee either wholly or in part if satisfied that the applicant is in such circumstances that payment of the fee would result in serious hardship to the applicant or his or her dependants.
(4)  The Registrar may refund the fee paid under this clause either wholly or in part if satisfied that it is appropriate because the application is not proceeded with.
117   Persons to be notified of application
The applicant for assessment is to cause a copy of the application for assessment to be given to:
(a)  each other party and each legal practitioner, agent and other client involved, and
(b)  any other persons to whom the Registrar requires the applicant to give notice of the application,
within 7 days after the application is accepted by the Registrar for registration.
118   Registrar may require documents or further particulars
(1)  The Registrar may, by notice in writing, require a person (including the applicant, the legal practitioner or agent concerned, or any other legal practitioner, agent or client) to produce any relevant documents of or held by the person in respect of the matter.
(2)  The Registrar may, by any such notice, require further particulars to be furnished by the applicant, legal practitioner, agent, client or other person as to instructions given to, or work done by, the legal practitioner or agent or any other legal practitioner or agent in respect of the matter and as to the basis on which costs were ascertained.
(3)  The Registrar may require any such particulars to be verified by statutory declaration.
(4)  A notice under this clause is to specify the period within which the notice is to be complied with.
(5)  If a person fails, without reasonable excuse, to comply with a notice under this clause, the Registrar may decline to deal with the application or may continue to deal with the application on the basis of the information provided.
(6)  A legal practitioner who fails, without reasonable excuse, to comply with a notice under this clause is guilty of professional misconduct.
119   Consideration of applications
(1)  The Registrar must not determine an application for assessment unless the Registrar:
(a)  has given both the applicant and any legal practitioner, agent, client or other person concerned a reasonable opportunity to make written submissions to the Registrar in relation to the application, and
(b)  has given due consideration to any submissions so made.
(2)  In considering an application, the Registrar is not bound by rules of evidence and may inform himself or herself on any matter in such manner as he or she thinks fit.
(3)  In the case of a legal practitioner, for the purposes of determining whether an application for assessment may be or is required to be made, or for the purpose of exercising any other function, the Registrar may determine any of the following:
(a)  whether or not disclosure has been made in accordance with Division 3 of Part 3.2 of the Legal Profession Act 2004 and whether or not it was reasonably practicable to disclose any matter required to be disclosed under that Division,
(b)  whether a costs agreement exists, and its terms.
120   Assessment to give effect to maximum costs, 1998 Act and orders and rules of the Commission or court
An assessment of costs is to be made in accordance with, and so as to give effect to, orders of the Commission or a court, the Rules of the Commission or rules of court, Part 8 of Chapter 7 of the 1998 Act, this Part, and Schedules 6 and 7.