Victorian Current Acts

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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 354

Legal costs order

    (1)     The Governor in Council may by Order in Council published in the Government Gazette make a legal costs order—

        (a)     specifying the legal costs that may be recovered from the Authority or self-insurer by a legal practitioner acting on behalf of a worker in respect of any claim, application or proceedings under this Division, other than section 348 ; and

        (b)     prescribing or specifying any matter or thing required to give effect to the legal costs order.

    (2)     A legal costs order—

        (a)     takes effect on and from the date on which it is published in the Government Gazette or any later date specified in the order; and

        (b)     applies to legal costs incurred on or after the date of commencement of the order.

    (3)     A legal costs order may—

        (a)     apply generally or be limited in its application by reference to classes of proceedings, costs, circumstances or factors; and

        (b)     apply differently according to different circumstances or factors of a specified kind; and

        (c)     specify different methods of calculation whether by reference to formulas, scales, tables or other means; and

        (d)     apply, adopt or incorporate (with or without modification) the provisions of any document, code, standard, rule, specification or method whether as formulated, issued, prescribed or published at the time the order is made; and

        (e)     authorise any specified person or body to determine or apply a specified matter or thing.

    (4)     Section 344(5) does not apply in proceedings to which a legal costs order applies.

S. 354(5) amended by No. 17/2014 s. 160(Sch. 2 item 113.2).

    (5)     This section and any legal costs order made under this section has full force and effect notwithstanding anything to the contrary in the Legal Profession Uniform Law (Victoria), the Legal Profession Uniform Law Application Act 2014 , the Supreme Court Act 1986 , the County Court Act 1958 or the Civil Procedure Act 2010 or in any regulation, rules, order or other document made under any of those Acts or Laws.

    (6)     Legal costs in respect of any claim, application or proceeding referred to in subsection (1)(a) cannot be recovered from the Authority or self-insurer except in accordance with an order under this section.



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