Queensland Consolidated Regulations

WORKERS' COMPENSATION AND REHABILITATION REGULATION 2014 - REG 135

135 Costs before proceeding started

(1) This section prescribes the legal professional costs of a claim before a proceeding is started.

(2) If a claimant recovers at least $150,000 net damages, the costs are—

(a) if the claim is settled—

(i) without holding a compulsory conference—120% of the amount in schedule 6 , column A; or

(ii) after a compulsory conference is held—the amounts in schedule 6 , columns A and B; and

(b) for investigation of liability by an expert—the amount in schedule 6 , column C; and

(c) for an application to the court—the amount in schedule 6 , column D.

(3) If a claimant recovers net damages of $50,000 or more but less than $150,000, the costs are 85% of the amount calculated under subsection (2) .

(4) If a claimant recovers less than $50,000 net damages, the costs are 85% of the amount calculated under subsection (2) multiplied by the proportion that the net damages bear to $50,000.

Example of subsection (4)—

If the net damages recovered are $30,000, the costs are (85% of the amount calculated under subsection (2) ) x 3 / 5.

(5) However, if a court in the proceeding awards the payment of legal costs, the costs recoverable under subsections (2) , (3) and (4) are multiplied by 120%.

(6) In this section—

"net damages" means the damages recovered less the compensation paid by an insurer.