Workers Compensation Regulation 2016

This Schedule applies to—

workers compensation claims and disputes that are resolved before proceedings are commenced in the Commission (in certain circumstances), and

disputes that are resolved after proceedings have been commenced in the Commission.

When a claim or dispute is resolved, law practices or agents representing the parties will need to determine what type of resolution has been reached and when it was resolved. By applying these factors to this Schedule, the law practices or agents will be able to ascertain the costs recoverable.

If a claim or dispute involves a number of resolution types that are resolved concurrently, or within a specified time frame, the costs recoverable are restricted to the resolution for which the highest amount of costs is payable.

The recoverable costs will be either—

a maximum flat, predetermined figure, or

in the case of certain “special resolutions”, a maximum amount establishing a range within which the parties may negotiate their costs entitlement.

If a claim or dispute (other than a claim or dispute resolved by special resolution) includes “additional legal services” or involves “factors” as referred to in Table 4, there may be an additional allowance that can be added to the entitlement to costs.

Part 3 determines regulated disbursements. Unregulated disbursements as identified by clause 86 of the Workers Compensation Regulation 2016 may be determined in accordance with the Legal Profession Uniform Law (NSW), or if that Law does not apply, then principles of fairness and reasonableness apply. Disbursements that are neither regulated under Part 3 nor specified in clause 86 of the Workers Compensation Regulation 2016 are not recoverable, subject to clause 17 (Recovery of certain charges for certain documents from public authorities) of this Part.

This Schedule contains three Parts—

Part 1 contains definitions, describes how the Tables operate and in some cases modifies the operation of the Tables.

Part 2 contains four tables—

Table 1 sets out the phases at which claims and disputes may be resolved and the costs that apply for the resolution at each phase.

Table 2 sets out the types of resolutions that apply to Table 1, and indicates the level of costs (ie 75% or 100%) that will apply to that resolution type.

Table 3 sets out alternate or “special” resolution types and the applicable costs for each party. Tables 1 and 2 do not apply to these “special” resolution types.

Table 4 sets out additional legal services and other factors that may result in an increase to the costs claimable under Table 1.

Part 3 lists regulated disbursements.