Motor Accidents Compensation Regulation 2020

This clause applies to a claim if—

a certificate has been issued under section 92 of the Act to the effect that the claim is exempt from assessment under Part 4.4 of the Act, and

the exemption is solely on the ground that the claimant is under the age of 18 years on the date on which the certificate is issued, and

the amount paid in resolution of the claim is not more than $50,000.

The maximum costs for legal services provided to a claimant in connection with a claim to which this clause applies are as follows, unless otherwise ordered by the court—

except as provided by paragraph (b)—$5,000,

if the amount paid in resolution of the claim is more than $25,000 (but not more than $50,000) and no associated person has made a claim in respect of the motor accident concerned—$10,000.

The maximum costs specified in subclause (2) are inclusive of all legal services provided in the course of the claim during the period commencing on the acceptance of the retainer and ending on the resolution of the claim.

If there is a change in the Australian legal practitioner retained by a claimant or insurer in connection with a claim to which this clause applies, the relevant costs are to be apportioned between the Australian legal practitioners concerned.

Any dispute as to the apportionment may be determined by the court or referred by either Australian legal practitioner concerned, or the client or insurer concerned, to the Commission for determination.

In this clause—

at the time of the accident, was an occupant of the same motor vehicle as the claimant, and

has retained to act on the person’s behalf in respect of any claim arising from the motor accident the same law practice as the claimant has retained in respect of the claimant’s claim.