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On or after 1 December 2017

In brief

The Motor Accidents Guidelines will be an important resource for you in helping a claimant.

Online is the easiest way for injured people to lodge a CTP claim for personal injury benefits. To receive back pay from the date of the crash, the insurer needs to receive the claim within 28 days. You can still submit a claim up to three months after the crash, but it’s best to submit a claim as soon as possible. Find out more about the online claim submission on the personal injury benefits page.

If you're a lawyer we expect you to support fair and timely resolution of claims and promote the recovery of claimants by reducing unnecessary delays and disputes. You need to be aware of your responsibilities regarding:

As the regulator of motor accidents insurers in NSW we work to ensure that all insurers comply with their legislative obligations and any relevant guidelines. If you believe an insurer has breached these obligations, let us know.

Forms you might need

Publications you might need

Costs and fees

The Motor Accidents Injuries Act 2017 (the Act) commenced on 1 December 2017, marking the beginning of a new CTP Green Slip scheme designed to better support people injured in a motor vehicle accident in NSW. The Act is supported by the Motor Accident Injuries Regulation 2017 and the Motor Accident Guidelines.

Under the new scheme, Australian legal practitioners are limited in what they can be paid for or what they can recover for a legal service in relation to CTP claims. This depends on the type of claim:

Statutory benefits claim

There are new dispute types in the statutory benefits scheme.

There are some disputes for which legal costs cannot be recovered under the new scheme. Find more information in our legal costs in claims for CTP statutory benefits factsheet.

If you have any questions regarding this information contact, please call us on 1300 656 919.

Claim for damages

The Motor Accidents Injury Regulation 2017 caps legal costs for motor accident injury claims made on or after 1 December 2017.

The changes:

  1. Prohibit contracting out of maximum solicitor-client costs for claims for a settlement or award of not more than $75,000.
  2. This means if a matter settles for not more than $75,000, you are only entitled to claim regulated costs and cannot contract out. You can find information about regulated costs under Schedule 1 of the Motor Accidents Injuries Regulation 2017

  3. Protect the first $75,000 of a settlement or award from solicitor-client costs.
  4. This means that the maximum solicitor-client costs cannot be more than party-party costs plus the difference between the settlement/award and $75,000. For example, if a matter settles for $100,000, you would be entitled to charge the regulated costs plus a total maximum of $25,000 (being the difference between the $100,000 settlement and the $75,000 cap) in contracted out solicitor-client costs.

  5. Limit legal costs to $15,000 for claims made by children under 18 years of age.

For further information, refer to the Motor Accident Injuries Act 2017 and Motor Accidents Injuries Regulation 2017.

Maximum costs for legal services

Except as otherwise provided in Part 6 of the Motor Accidents Injury Regulation 2017, Schedule 1 to the Regulation sets out the maximum costs for legal services. Schedule 2 of the Regulation sets out the maximum fees for medico-legal services. From 1 October 2018, the maximum legal costs and medico-legal fees will be indexed each year in line with inflation. See the maximum costs that apply from 1 October 2018 – 30 September 2019.

Merit review, medical assessment and miscellaneous claims assessment

From 1 October 2018, the maximum costs for legal services provided in connection with a merit review involving a regulated review matter, medical dispute, or miscellaneous claims assessment involving a regulated miscellaneous claims assessment matter is $1,633 (to a maximum of $6,124 per claim).

The maximum costs for legal services provided in connection with a further medical assessment or with a review of a decision about any merit review matter or medical assessment by a review panel (including in connection with the application for referral of the decision or medical assessment to the review panel) are as follows:

(a)  if the proper officer of the Authority approves the application for referral—$1,633

(b)  if the proper officer of the Authority refuses to approve the application:

(i)  for legal services provided to the applicant—nil,

(ii)  for legal services provided to the respondent—$816.

Claims assessments

DescriptionFees
Application for exemption from assessment under Division 7.6 of the Act (but only where a certificate of exemption is issued under section 7.34 of the Act) $1,021
Representation at an assessment conference under section 7.46 of the Act:  
(a)  maximum flat fee $3,062
(b)  maximum additional amount per hour for each hour in excess of 2 hours $306
Conference directly related to an assessment of a claim for damages or a court hearing, maximum per hour $306

Court proceedings

DescriptionFees*
Interlocutory court proceedings $816
Representation in court:  
(a)  maximum per day for advocate other than senior counsel $2,551
(b)  maximum per day for senior counsel $3,623
Conference directly related to an assessment of a claim for damages or a court hearing, maximum per hour $306
*An amount for the fees for senior counsel, or for more than one advocate, is not to be included as costs for legal services provided in a motor accidents matter in connection with any matter relating to court proceedings, unless the court so orders.

Maximum costs for stages of claim - general

Stage DescriptionFees
1 From the acceptance of the retainer to the preparation and service of a notice of claim (including the provision of all relevant particulars about the claim to the insurer, even if those particulars are requested after the claim is served)
(a)  in the case of an Australian legal practitioner acting for a claimant, or $298
(b)  in the case of an Australian legal practitioner acting for an insurer nil
2 From service of the notice of claim under Division 6.3 of the Act to the preparation and service of a response to the insurer’s offer of settlement under section 6.22 of the Act:  
(a)  in the case of an Australian legal practitioner acting for a claimant, or $441
(b)  in the case of an Australian legal practitioner acting for an insurer nil
3 If resolution of the claim occurs without the issue of a certificate under section 7.36 of the Act—from service of the response to the insurer’s offer of settlement under section 6.22 of the Act to resolution of the claim (in addition to the $739 specified for stages 1 and 2 if chargeable):  
  (a)  if the amount to be paid in resolution of the claim (the resolution amount) is not more than $20,000 and the insurer wholly admitted liability for the claim, or $739
  (b)  if the resolution amount is not more than $20,000 and the insurer did not wholly admit liability for the claim—for each dollar of the settlement amount, or $0.10
  (c)  if the resolution amount is more than $20,000 but not more than $50,000 and the insurer wholly admitted liability for the claim:  
       (i)  base amount, and $739
       (ii)  for each dollar of the resolution amount over $20,000, or $0.12
  (d)  if the resolution amount is more than $20,000 but not more than $50,000 and the insurer did not wholly admit liability for the claim:  
       (i)  base amount, and $2,645
       (ii)  for each dollar of the resolution amount over $20,000, or $0.12
  (e)  if the resolution amount is more than $50,000 but not more than $100,000 and the insurer wholly admitted liability for the claim:  
       (i)  base amount, and $5,291
       (ii)  for each dollar of the resolution amount over $50,000, or $0.10
  (f)  if the resolution amount is more than $50,000 but not more than $100,000 and the insurer did not wholly admit liability for the claim:  
       (i)  base amount, and $7,275
       (ii)  for each dollar of the resolution amount over $50,000, or $0.10
  (g)  if the resolution amount is more than $100,000 and the insurer wholly admitted liability for the claim:  
       (i)  base amount, and $11,684
       (ii)  for each dollar of the resolution amount over $100,000, or $0.02
       (h)  if the resolution amount is more than $100,000 and the insurer did not wholly admit liability for the claim:  
       (i)  base amount, and $13,668
       (ii)  for each dollar of the resolution amount over $100,000 $0.02
4 If resolution of the claim occurs after the issue of a certificate under section 7.36 of the Act but without the commencement of court proceedings—from the issue of the certificate to finalisation of the matter:  
  (a)  an amount determined, in accordance with stage 3, by reference to the amount of the assessment as if that assessment were the resolution amount referred to in stage 3, and as per stage 3
  (b)  for each dollar of the assessment amount $0.02
5 If the matter is finalised after the commencement of court proceedings (whether by way of settlement or an award of damages)—from the issue of the certificate under section 7.36 of the Act to finalisation of the matter:  
  (a)  an amount determined in accordance with stage 4, and as per stage 4
  (b)  for each dollar of the settlement or award amount $0.02

Maximum costs for stages of claim—where legal practitioner first retained after claims assessment

StageDescriptionFees
1 Advice on the issue of the certificate under section 7.36 of the Act $363
2 From the giving of the advice on the certificate issued under section 7.36 of the Act to finalisation of matter by settlement or award of damages (in addition to the $363 specified for stage 1):
(a)  if the settlement amount or award is not more than $20,000, or
nil
  (b)  if the settlement amount or award is more than $20,000 but not more than $50,000—for each dollar of the settlement amount or award over $20,000, or $0.10
  (c)  if the settlement amount or award is more than $50,000 but not more than $100,000:  
      (i)  base amount, and $3,858
      (ii)  for each dollar of the settlement amount or award over $50,000, or $0.08
  (d)  if the settlement amount or award is more than $100,000:  
      (i)  base amount, and $9,038
      (ii)  for each dollar of the settlement amount or award over $100,000 $0.02

Maximum fees for medico-legal services

Appearances as witnesses
Health practitioners called to give evidence other than expert evidence, per hour (or proportionately if not for a full hour) to a maximum of $919 $459
Health practitioners called to give expert evidence:  
(a)  for the first 1.5 hours (including time travelling to the court from the medical professional’s home, hospital, place of practice, office or other place and return to that place from the court) $1,225
(b)  for every full hour after the first 1.5 hours (or proportionately if not for a full hour) to a maximum of $3,674 $459
Travelling allowance (for travel by private motor vehicle) in connection with appearance as witness—per kilometre $0.66
Accommodation and meals in connection with appearance as witness reasonable costs

Medical reports
Report made by a treating general practitioner:  
(a)  if a re-examination of the patient is not required $383
(b)  if a re-examination of the patient is required $505
Report made by a treating specialist:  
(a)  if a re-examination of the patient is not required $1,225
(b)  if a re-examination of the patient is required $1,633
Report made by a specialist who has not previously treated the patient (where both parties have not jointly agreed to the appointment of the specialist):  
(a)  if an examination of the patient is not required $1,225
(b)  if an examination of the patient is required $1,633
Report made by a specialist who has not previously treated the patient (where both parties have jointly agreed to the appointment of the specialist):  
(a)  if an examination of the patient is not required $1,837
(b)  if an examination of the patient is required $2,245
Charges for copying medical reports—per page $1

Cancellation
Fee if appearance or medical report is not required Not more than 50% of the relevant amount specified in this Table

Claims cost disclosure

All lawyers representing a CTP claimant must provide us with a breakdown of costs related to common law for that claim when the claim is finalised.

This breakdown must include:

  • the total amount the claim was resolved for
  • all deductions (including all legal costs and disbursements) and paybacks in relation to the claim
  • the total amount paid to the claimant.

The process for disclosing claims costs involves:

  • after the matter settles, we send you an email containing a secure link to an online form. Please ensure the insurer has your current email address.
  • you have 20 days (from the date of the initial email) to complete and submit the online form to us. We monitor your compliance in completing this form.
  • after we receive the form, we’ll send you a confirmation email containing a PDF copy of the completed form.

If you have any questions about the process or for more information call us on 1300 656 919 or email us at claimscosts@sira.nsw.gov.au.

Disputes

Insurer internal reviews

Sometimes, matters are in dispute with the insurer. The first step is to talk with the insurer. You can ask the insurer for an insurer internal review where the insurer will review the matter themselves as a first step.

Decisions

If you want more information on the disputes process, please see Motor Accident disputes process for disputes on or after 1 December, 2017

If you want more information on decisions made by the Dispute Resolution Service, please see Motor Accident Decision on or after 1 December, 2017