In work injury damages proceedings in NSW, once a Certificate of Mediation Outcome has issued under s 318B of the WIM Act, costs are governed exclusively by the WIM Act s 346 and the Workers Compensation Regulation 2003, rr 89-91. The general discretionary costs regime under the Civil Procedure Act s 98, the UCPR Pt 42 offer of compromise rules, and Calderbank offers are all displaced. This regime extends to appellate proceedings. Where damages fall between the parties' respective final mediation offers, each party bears its own costs under reg 91.
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