Queensland Consolidated Acts

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WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 316

Principles about orders as to costs

316 Principles about orders as to costs

(1) No order about costs, other than an order allowed under this section, is to be made by the court in the claimant’s proceeding.
(2) If a claimant or an insurer makes a written final offer of settlement that is refused, the court must, in the following circumstances, make the order about costs provided for—
(a) if the court later awards an amount of damages to the worker that is equal to or more than the worker’s written final offer—an order that the insurer pay the worker’s costs on the standard basis from the day of the written final offer;
(b) if the court later dismisses the worker’s claim, makes no award of damages or awards an amount of damages that is equal to or less than the insurer’s written final offer—an order that the worker pay the insurer’s costs on the standard basis from the day of the final offer.
(3) If an award of damages is less than the claimant’s written final offer but more than the insurer’s written final offer, each party bears the party’s own costs.



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