Motor Accident Injuries (Acat Costs Orders) Regulation 2020

This regulation is the Motor Accident Injuries (ACAT Costs Orders) Regulation 2020.

The dictionary at the end of this regulation is part of this regulation.

Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation.

Note 2 A definition in the dictionary applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this regulation is explanatory and is not part of this regulation.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

The indexation day for the amount mentioned in section 6 (3) that is to be AWE indexed is 1 October.

At any time during a proceeding before the ACAT on an application for external review of an ACAT reviewable decision, a party to the proceeding (the requesting party) may ask the ACAT to order the other party to the proceeding to pay the requesting party’s costs arising from the application for external review (a costs order).

The ACAT may make a costs order if—

the requesting party gives the ACAT itemised details of the costs within the time the ACAT considers appropriate; and

the ACAT is satisfied on reasonable grounds that—

the itemised details show the costs were reasonably incurred; and

the costs relate only to the preparation of, and appearances in relation to, the application for external review of the ACAT reviewable decision; and

if a costs order has previously been made in relation to the application—the total of all costs orders for the application do not exceed the maximum amount mentioned in subsection (3); and

it is appropriate to make the order.

The maximum amount that the ACAT can order for costs is—

ACAT filing fee—

includes the fee for filing an application; but

does not include the fee for additional hearing days.

The maximum amount mentioned in subsection (3) includes any GST payable in relation to the work done for or in the proceeding.

However, the costs payable to the requesting party are reduced by the amount of any input tax credit for GST to which the requesting party is entitled in relation to the party’s costs.

In this section:

costs means the fees, disbursements and expenses that the ACAT considers necessary for the preparation of, and appearances in relation to, an application for external review of an ACAT reviewable decision.

input tax credit—see the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth), section 195-1 (Dictionary).

itemised details, of the costs, means details of—

the legal costs (clearly identifying costs that are legal fees and costs that are disbursements) payable by the party to the party’s lawyer; and

other fees or expenses incurred by the party in relation to the application for external review of an ACAT reviewable decision.

This section applies to an application to the ACAT for external review of an ACAT reviewable decision that is made but not finally decided on or before the commencement day.

Section 6, as in force immediately before the commencement day, continues to apply to the application.

This section expires 18 months after the day it commences.

Note A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).

In this section:

commencement day means the day the Motor Accident Injuries (ACAT Costs Orders) Amendment Regulation 2025 (No 1), section 4 commences.