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s 266

Working out costs for mandatory final offers

In force
Chapter 5Motor accident injuries—common law damages
Part 5.6No-fault motor accidents
Division 5.7.3Mandatory final offers

266 Working out costs for mandatory final offers

(1)

A mandatory final offer for $50 000 or less must be exclusive of any amount for costs.

(2)

If a mandatory final offer is for $50 000 or less but for more than $30 000, and is accepted, costs must be worked out and paid in the way prescribed by regulation.

(3)

If a mandatory final offer is for $30 000 or less, and is accepted—

(a)

for a claimant who was a child at the time of the motor accident or holds a Commonwealth concession card when the offer is accepted—costs (including disbursements) must not exceed $5 000; or

(b)

in any other case—costs must be $0.

(4)

In this section:

Commonwealth concession card means any of the following cards:

(a)

a current health care card issued under the Social Security Act 1991 (Cwlth);

(b)

a current pensioner concession card issued under the Social Security Act 1991 (Cwlth);

(c)

a current pensioner concession card issued in relation to a pension under the Veterans’ Entitlements Act 1986 (Cwlth) or the Military Rehabilitation and Compensation Act 2004 (Cwlth);

(d)

a current gold card;

(e)

a card prescribed by regulation.

gold card means a card known as the Repatriation Health Card—For All Conditions that evidences a person’s eligibility, under the Veterans’ Entitlements Act 1986 (Cwlth) or the Military Rehabilitation and Compensation Act 2004 (Cwlth), to be provided with treatment for all injuries or diseases.

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Section 266 — Working out costs for mandatory final offers — Motor Accident Injuries Act 2019 (Australian Capital Territory) — Barrister AI