Other costs for legal services
2 Other costs for legal services
Maximum costs for legal services provided in a claim for work injury damages may include (in addition to the costs for legal services referred to in clause 1) the costs set out in the Other Work Injury Costs Table to this clause.
However, an amount for the fees for senior counsel, or for more than one advocate, are not to be included unless the court so orders.
Other Work Injury Costs Table
Column 1
Column 2
Nature of costs
Maximum costs
1
Costs associated with a dispute under Part 6 of Chapter 7 of the 1998 Act as to whether the degree of permanent impairment of an injured worker is sufficient for an award of damages (including costs associated with referring the dispute for assessment by a medical assessor under Part 7 of that Chapter)
$500
2
Costs associated with a dispute under section 317 of the 1998 Act as to whether a pre-filing statement is defective
$200
3
Cost of representation at a mediation under section 318A of the 1998 Act—
flat fee
$400
additional amount, at the mediator’s discretion, if the conference exceeds 2 hours
up to $125 per hour (or part of an hour) in excess of 2 hours
4
If the matter was referred to mediation and counsel advised before mediation about settlement—
counsel’s fee for advice about settlement
$500 (separate to the daily rate below)
cost of representation in court, per day, for advocate other than senior counsel
$1,500
cost of representation in court, per day, for senior counsel
$2,200
If the matter was not referred to mediation—
cost of representation in court, per day, for advocate other than senior counsel
$1,500
cost of representation in court, per day, for senior counsel
$2,200
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