Working out costs for mandatory final offers
266 Working out costs for mandatory final offers
A mandatory final offer for $50 000 or less must be exclusive of any amount for costs.
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.
If a mandatory final offer is for $30 000 or less, and is accepted—
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
in any other case—costs must be $0.
In this section:
Commonwealth concession card means any of the following cards:
a current health care card issued under the Social Security Act 1991 (Cwlth);
a current pensioner concession card issued under the Social Security Act 1991 (Cwlth);
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);
a current gold card;
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.
This provision refers to the regulations (prescribed by regulation
). Made under this Act:
- Motor Accident Injuries (Acat Costs Orders) Regulation 2020 · under s 492
- Motor Accident Injuries (Insurer Information Collection) Regulation 2020 · under s 492
- Motor Accident Injuries (Lawyer Information Collection) Regulation 2021 · under s 492
1 more instrument made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory statementSecond reading speech
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