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 claim for work injury damages set out in Column 1 of the Work Injury Costs Table A to this clause are the costs set out in Column 2 opposite that stage.
However, if a law practice was first retained in the matter after a certificate as to mediation was issued under section 318B of the 1998 Act (or, if the matter is not referred to mediation because the insurer wholly denies liability, or the insurer has failed to respond to the pre-filing statement, after the service of the pre-filing statement of claim), the maximum costs are those set out in the Work Injury Costs Table B to this clause.
Costs may be charged for more than one stage described in this Schedule.
Other than stage 1 in the Work Injury Costs Table B to this clause, each stage specifies the maximum costs payable for all legal services provided in the period commencing on the occurrence of one specified event and concluding on either the occurrence of another specified event or settlement of the matter (whichever occurs first).
A reference in this Schedule to an amount of a settlement or an award is a reference to the amount inclusive of any weekly payment of compensation under Division 2 of Part 3 of the 1987 Act.
Work Injury Costs Table A
Column 1
Column 2
Stage
Costs
1
From the acceptance of the retainer to the preparation and service of a claim under section 260 of the 1998 Act (including the provision of all relevant particulars under section 281 of that Act)
in the case of a law practice acting for a claimant—$200
in the case of a law practice acting for an insurer—nil
2
From service of the claim under section 260 of the 1998 Act to the preparation and service of the pre-filing statement of claim under section 315 of that Act
in the case of a law practice acting for a claimant—$300
in the case of a law practice acting for an insurer—nil
3
If—
the matter is referred to mediation and settlement occurs after the service of the pre-filing statement of claim without the issue of a certificate as to mediation under section 318B of the 1998 Act, or
the matter is not referred to mediation (because the insurer denies liability) and settlement occurs without the commencement of court proceedings, or
the insurer does not respond to the pre-filing statement of claim and settlement occurs without the commencement of court proceedings
—from service of the pre-filing statement to finalisation of the matter
In addition to the $500 specified for stages 1 and 2 (if chargeable)—
if the settlement amount is $20,000 or less and the insurer wholly admitted liability for the claim—$500
if the settlement amount is $20,000 or less and the insurer wholly or partly denied liability for the claim—10% of the settlement amount
if the settlement amount is more than $20,000 but less than $50,001 and the insurer wholly admitted liability for the claim—$500 plus 12% of the settlement amount over $20,000
if the settlement amount is more than $20,000 but less than $50,001 and the insurer wholly or partly denied liability for the claim—$2,000 plus 12% of the settlement amount over $20,000
if the settlement amount is $50,001 or more but less than $100,001 and the insurer wholly admitted liability for the claim—$4,100 plus 10% of the settlement amount over $50,000
if the settlement amount is $50,001 or more but less than $100,001 and the insurer wholly or partly denied liability for the claim—$5,600 plus 10% of the settlement amount over $50,000
if the settlement amount is $100,001 or more and the insurer wholly admitted liability for the claim—$9,100 plus 2% of the settlement amount over $100,000
if the settlement amount is $100,001 or more and the insurer wholly or partly denied liability for the claim—$10,600 plus 2% of the settlement amount over $100,000
4
If the matter is referred to mediation and settlement occurs after the issue of a certificate as to the mediation under section 318B of the 1998 Act but without the commencement of court proceedings—from service of the pre-filing statement to finalisation of the matter
The total of the following—
an amount determined, in accordance with stage 3, by reference to the amount of the settlement,
2% of the amount of the settlement
5
If the matter is referred to mediation and the claim is withdrawn by the claimant after the issue of a certificate as to the mediation under section 318B of the 1998 Act but before the commencement of court proceedings—from service of the pre-filing statement to finalisation of the matter
in the case of a law practice acting for a claimant—nil
in the case of a law practice acting for an insurer—$12,500
6
If the matter is referred to mediation and is finalised after the commencement of court proceedings (whether by way of settlement or an award of damages)—from service of the pre-filing statement to finalisation of the matter
The total of the following—
an amount determined in accordance with stage 4, by reference to the amount of the settlement or award as if that amount were the amount of the settlement referred to in stage 4,
2% of the amount of the settlement or award
7
If the matter is not referred to mediation and the matter is finalised after the commencement of court proceedings (whether by way of settlement or an award of damages)—from service of the pre-filing statement to finalisation of the matter
The total of the following—
an amount determined in accordance with stage 3, by reference to the amount of the settlement or award as if that amount were the amount of the settlement referred to in stage 3,
2% of the amount of the settlement or award
8
If the matter is finalised after the commencement of court proceedings other than by settlement or an award of damages—from service of the pre-filing statement to finalisation of the matter
in the case of a law practice acting for a claimant—nil
in the case of a law practice acting for an insurer—$20,600
Work Injury Costs Table B
Column 1
Column 2
Stage
Costs
1
Advice on the certificate as to mediation (if the matter is referred to mediation)
$250
2
From the giving of advice on the certificate of mediation (or, if the matter is not referred to mediation, from acceptance of the retainer) to finalisation of the matter by settlement or award of damages
In addition to the $250 specified for stage 1 (if chargeable)—
if the settlement amount or award is $20,000 or less—nil
if the settlement amount or award is more than $20,000 but less than $50,001—10% of the settlement amount or award over $20,000
if the settlement amount or award is $50,001 or more but less than $100,001—$3,000 plus 8% of the settlement amount or award over $50,000
if the settlement amount or award is $100,001 or more—$7,000 plus 2% of the settlement amount or award over $100,000
3
From the giving of advice on the certificate of mediation (or, if the matter is not referred to mediation, from acceptance of the retainer) to finalisation of the matter other than by settlement or an award of damages.
in the case of a law practice acting for a claimant—nil
in the case of a law practice acting for an insurer—in addition to the $250 specified for stage 1 (if chargeable)—$12,500
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