Queensland Consolidated Acts

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 316A

316A Principles about order as to costs

(1) This section applies to the extent proceedings in a court relate to a contribution claim.

(2) Subsections (3) to (5) apply if the contributor or other party (including an insurer) made an offer that was not accepted.

(3) If the court later awards an amount of contribution that is equal to or more than the other party’s written final offer, the court must order the contributor to pay the other party’s costs on the indemnity basis from the day the written final offer was made.

(4) If the court later—

(a) dismisses the contribution claim; or

(b) makes no award for the contribution; or

(c) makes an award of contribution of an amount that is equal to or less than the contributor’s written final offer;

the court must order the other party to pay the contributor’s costs on the standard basis from the day the written final offer was made.

(5) If an award of contribution is less than the other party’s written final offer but more than the contributor’s written final offer, each party bears the party’s own costs.

(6) This section applies to a written final offer whether or not it is made as a separate offer or as part of a joint or consolidated offer.

(7) In this section—

"written final offer" means a written final offer under section 292 .