New South Wales Consolidated Acts New South Wales Consolidated Acts(cf former s 117)
(1) The regulations may make provision for or with respect to the following--(a) fixing maximum costs for legal services or agent services provided to a worker (or other claimant), an employer or an insurer in any workers compensation matter,(b) fixing maximum costs for matters that are not legal services or agent services but are related to proceedings on a workers compensation matter (for example, expenses for witnesses or medical reports (including certificates)).
(2) A legal practitioner is not entitled to be paid or recover for a legal service or other matter an amount that exceeds any maximum costs fixed for the service or matter by the regulations under this section. An agent is not entitled to be paid or recover for an agent service or other matter an amount that exceeds any maximum costs fixed for the service or matter by the regulations under this section.
(3) To the extent that the regulations so provide, a legal practitioner or agent is not entitled to be paid or recover costs of the kind referred to in subsection (1) (b) that are incurred in connection with the obtaining of any medical report (including any certificate) or opinion for use for any of the following purposes and which is not used for the purpose for which it was obtained--(a) for use in the making of a claim for compensation under this Act,(b) for use in negotiations or conciliation in respect of a claim for compensation,(c) for consideration by a medical panel or medical referee under section 122 or by a medical specialist under section 121,(d) for use in court proceedings.
(4) Regulations under this section can fix costs and amounts by reference to costs and amounts fixed by regulations under the Legal Profession Uniform Law Application Act 2014 .
(5) This section and any regulations under this section prevail to the extent of any inconsistency with the legal costs legislation (as defined in section 3A of the Legal Profession Uniform Law Application Act 2014 ). An assessment under that legislation of any costs in respect of which provision is made by a regulation under this section is to be made so as to give effect to that regulation.
(6) Expressions used in this section have the same meanings as they have in the legal costs legislation, except as provided by this section.
(7) In this section--
"agent" means a person who acts as agent for a person in connection with a claim for compensation under this Act.
"agent service" means any service performed by a person in the person's capacity as an agent.
"costs" includes--(a) costs actually incurred or to be incurred by a person claiming compensation, and(b) if liability for a claim for compensation is admitted without recourse to the Compensation Court--the reasonable expenses incurred by a person in pursuing the person's claim, and(c) costs incurred in relation to any proceedings under this Act (including conciliation of a dispute under Division 3), and(d) costs incidental to an application for referral of a medical dispute under section 121 or 122, and(e) costs incidental to an application for registration of an agreement under section 66A of the 1987 Act, and(f) costs incurred in relation to the mediation or neutral evaluation of any matter under Part 4A of the Compensation Court Act 1984 .