Workers Compensation Regulation 2016

On making a determination, the Commission is to issue to each party a certificate that sets out the determination.

The Commission may issue more than one certificate in relation to an application for costs assessment. Such certificates may be issued at the same time or at different stages of the assessment process.

In the case of an amount of costs that has been paid, the amount (if any) by which the amount paid exceeds the amount specified in any such certificate may be recovered as a debt in a court of competent jurisdiction.

In the case of an amount of costs that has not been paid, the certificate is, on the filing of the certificate in the office or registry of a court having jurisdiction to order the payment of that amount of money, and with no further action, taken to be a judgment of that court for the amount of unpaid costs, and the rate of any interest payable in respect of that amount of costs is the rate of interest in the court in which the certificate is filed.

For this purpose, the amount of unpaid costs does not include the costs incurred by the Commission in the course of a costs assessment.

To avoid any doubt, this clause applies to or in respect of both the assessment of costs referred to in Subdivision 2 of this Division (law practice/client costs) and the assessment of costs referred to in Subdivision 3 of this Division (party/party costs).

If the costs of the Commission are payable by a party to the assessment (as referred to in clause 122), the Commission may refuse to issue a certificate relating to the Commission’s determination under this clause until the costs of the Commission have been paid.

Subclause (7) does not apply in respect of a certificate issued before the completion of the assessment process under subclause (2).