The statutory cost-capping provisions in s 198D of the Legal Profession Act 1987 (NSW) and s 338 of the Legal Profession Act 2004 (NSW), which limit recoverable legal costs to 20% of damages or $10,000 for claims under $100,000, do not apply to awards of personal injury damages for intentional torts such as assault. Where an operative statute gives a term 'the same meaning as in' a source statute, the definition must be read in the context of the source statute's application provisions, not merely the bare definitional words. The transitional provision in Schedule 9, clause 18 of the Legal Profession Act 2004 was construed so that the 'matter' for party/party costs purposes is the costs claim itself, not the underlying damages claim.
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