Section 198F of the Legal Profession Act 1987 does not itself authorise an indemnity costs order in personal injury cases under $100,000; it merely removes the Division 5B restriction so that the rules of court can operate. Costs assessed on an indemnity basis are excluded from the s 198D maximum costs cap. The s 198D(4)(b) prohibition on courts ordering costs exceeding the maximum applies only to the certificate of assessment filed in court, not to the general costs order made at the time of judgment. When calculating whether an offer of compromise genuinely 'gives something away', the amount of interest foregone on the judgment sum is relevant.
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