A costs assessor under the Legal Profession Act 1987 is not bound by s 112(3) of the Workplace Injury Management and Workers Compensation Act 1998 when determining who should pay the costs of a costs assessment, and may order a worker to pay those costs even where the worker's application for compensation was not frivolous, vexatious, fraudulent or made without proper justification. The Compensation Court on appeal from a costs assessor under s 208M must step into the shoes of the costs assessor and is likewise not bound by s 112(3). The test case costs principle was applied: a successful appellant may be ordered to pay the respondent's costs where the appeal was brought as a test case of general importance to the appellant's insurer but of no significance to the respondent.
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