Costs determined by reference to certain stages in the matter
1 Costs determined by reference to certain stages in the matter
The maximum costs for legal services provided for a stage of a motor accidents matter set out in Column 2 of Table A to this clause are—
the costs set out in Column 3 opposite that stage, or
if the stage is described by reference to different factors—the costs calculated in accordance with the provisions of Columns 2 and 3 relating to those factors.
However, if a legal practitioner was first retained in the matter after a certificate as to the claims assessment was issued under section 94 of the Act, the maximum costs for legal services provided for a stage set out in Column 2 of Table B to this clause are—
the costs set out in Column 3 opposite that stage, or
if the stage is described by reference to different factors—the costs calculated in accordance with the provisions of Columns 2 and 3 relating to those factors.
Costs may be charged for more than one stage described in this Schedule.
Each stage, other than stage 1, in the Tables to this clause specifies the maximum costs payable for all legal services provided in the period commencing on the occurrence of one specified event and concluding on the first occurring of—
another specified event, or
the resolution of the claim.
Table A
Column 1
Column 2
Column 3
Stage
Maximum costs
1
For assistance in completing an accident notification form (except, in respect of an Australian legal practitioner acting for a claimant, in so far as the assistance forms part of stage 2)
nil
2
From the acceptance of the retainer to the preparation and service of a notice of claim under section 72 of the Act (including the provision of all relevant particulars about the claim to the insurer, even if those particulars are requested after the claim is served)—
in the case of an Australian legal practitioner acting for a claimant
2.92 MU
in the case of an Australian legal practitioner acting for an insurer
nil
3
From service of the notice of claim under section 72 of the Act to the preparation and service of a response to the insurer’s offer of settlement under section 82 of the Act—
in the case of an Australian legal practitioner acting for a claimant
4.32 MU
in the case of an Australian legal practitioner acting for an insurer
nil
4
If resolution of the claim occurs without the issue of a certificate under section 94 of the Act—from service of the response to the insurer’s offer of settlement under section 82 of the Act to resolution of the claim (in addition to the 7.24 MU specified for stages 2 and 3 if chargeable)—
if the amount to be paid in resolution of the claim (the resolution amount) is not more than $20,000 and the insurer wholly admitted liability for the claim
7.24 MU
if the resolution amount is not more than $20,000 and the insurer did not wholly admit liability for the claim—for each dollar of the settlement amount
10 cents
if the resolution amount is more than $20,000 but not more than $50,000 and the insurer wholly admitted liability for the claim—
base amount, and
7.24 MU
for each dollar of the resolution amount over $20,000
12 cents
if the resolution amount is more than $20,000 but not more than $50,000 and the insurer did not wholly admit liability for the claim—
base amount, and
25.92 MU
for each dollar of the resolution amount over $20,000
12 cents
if the resolution amount is more than $50,000 but not more than $100,000 and the insurer wholly admitted liability for the claim—
base amount, and
51.84 MU
for each dollar of the resolution amount over $50,000
10 cents
if the resolution amount is more than $50,000 but not more than $100,000 and the insurer did not wholly admit liability for the claim—
base amount, and
71.28 MU
for each dollar of the resolution amount over $50,000
10 cents
if the resolution amount is more than $100,000 and the insurer wholly admitted liability for the claim—
base amount, and
114.48 MU
for each dollar of the resolution amount over $100,000
2 cents
if the resolution amount is more than $100,000 and the insurer did not wholly admit liability for the claim—
base amount, and
133.92 MU
for each dollar of the resolution amount over $100,000
2 cents
5
If resolution of the claim occurs after the issue of a certificate under section 94 of the Act but without the commencement of court proceedings—from the issue of the certificate to finalisation of the matter—
an amount determined, in accordance with stage 4, by reference to the amount of the assessment as if that assessment were the resolution amount referred to in stage 4, and
as per stage 4
for each dollar of the assessment amount
2 cents
6
If the matter is finalised after the commencement of court proceedings (whether by way of settlement or an award of damages)—from the issue of the certificate under section 94 of the Act to finalisation of the matter—
an amount determined in accordance with stage 5, and
as per stage 5
for each dollar of the settlement or award amount
2 cents
Table B
Column 1
Column 2
Column 3
Stage
$
1
Advice on the issue of the certificate under section 94 of the Act
3.56 MU
2
From the giving of the advice on the certificate issued under section 94 of the Act to finalisation of the matter by settlement or award of damages (in addition to the 3.56 MU specified for stage 1)—
if the settlement amount or award is not more than $20,000
nil
if the settlement amount or award is more than $20,000 but not more than $50,000—for each dollar of the settlement amount or award over $20,000
10 cents
if the settlement amount or award is more than $50,000 but not more than $100,000—
base amount, and
37.80 MU
for each dollar of the settlement amount or award over $50,000
8 cents
if the settlement amount or award is more than $100,000—
base amount, and
88.56 MU
for each dollar of the settlement amount or award over $100,000
2 cents
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