Before 1 December 2017

For assistance in completing an accident notification form (except, in respect of an Australian legal practitioner acting for a claimant, in so far as the assistance forms part of stage 2)

NIL

NIL

From the acceptance of the retainer to the preparation and service of a notice of claim under section 72 of the Act (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

$292

$301

(b) in the case of an Australian legal practitioner acting for an insurer

NIL

NIL

From service of the notice of claim under section 72 of the Act to the preparation and service of a response to the insurer’s offer of settlement under section 82 of the Act—

(a) in the case of an Australian legal practitioner acting for a claimant

$432

$445

(b) in the case of an Australian legal practitioner acting for an insurer

NIL

NIL

If resolution of the claim occurs without the issue of a certificate under section 94 of the Act—from service of the response to the insurer’s offer of settlement under section 82 of the Act to resolution of the claim (in addition to the $746 specified for stages 2 and 3 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

$724

$746

(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

$0.10

$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

$724

$746

(ii) for each dollar of the resolution amount over $20,000

$0.12

$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

$2592

$2670

(ii) for each dollar of the resolution amount over $20,000

$0.12

$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

$5184

$5341

(ii) for each dollar of the resolution amount over $50,000

$0.10

$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

$7128

$7343

(ii) for each dollar of the resolution amount over $50,000

$0.10

$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

$11448

$11794

(ii) for each dollar of the resolution amount over $100,000

$0.02

$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

$13392

$13796

(ii) for each dollar of the resolution amount over $100,000

$0.02

$0.02

If resolution of the claim occurs after the issue of a certificate under section 94 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 4, by reference to the amount of the assessment as if that assessment were the resolution amount referred to in stage 4, and

As per Stage 4

As per Stage 4

(b) for each dollar of the assessment amount

$0.02

$0.02

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 94 of the Act to finalisation of the matter—

(a) an amount determined in accordance with stage 5, and

As per Stage 5

As per Stage 5

(b) for each dollar of the settlement or award amount

$0.02

$0.02

Advice on the issue of the certificate under section 94 of the Act

$356

$367

From the giving of the advice on the certificate issued under section 94 of the Act to finalisation of the matter by settlement or award of damages (in addition to the $367 specified for stage 1)—

(a) if the settlement amount or award is not more than $20,000

NIL

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

$0.10

$0.10

(c) if the settlement amount or award is more than $50,000 but not more than $100,000—

(i) base amount, and

$3780

$3894

(ii) for each dollar of the settlement amount or award over $50,000

$0.08

$0.08

(d) if the settlement amount or award is more than $100,000—

(i) base amount, and

$8856

$9123

(ii) for each dollar of the settlement amount or award over $100,000

$0.02

$0.02

Costs associated with a medical dispute about a medical assessment matter under Part 3.4 of the Act, as allowed by the Commission or court—

(a) maximum amount per medical dispute referred to the Commission under section 60 of the Act

$1000

$1030

$1000

$1030

(c) maximum amount per medical dispute referred to a review panel by the President under section 63 of the Act

$1000

$1030

(d) maximum amount per claim

$2500

$2575

Costs associated with a dispute referred to in section 96 of the Act, as allowed by the Commission—

(a) maximum amount per dispute

$1200

$1236

(b) maximum amount per claim (not including any amount for a dispute referred to in section 96(1)(e)–(g))

$2500

$2575

Cost of representation at an assessment conference under section 104 of the Act—

(a) maximum flat fee

$1250

$1288

(b) maximum additional amount per hour for each hour in excess of 2 hours

$300

$309

Maximum costs for any interlocutory court proceedings

$800

$824

Cost of representation in court—

(a) maximum per day for advocate other than senior counsel

$2500

$2575

(b) maximum per day for senior counsel

$3550

$3657

Cost of conference directly related to an assessment of the claim or a court hearing, maximum per hour

$300

$309

1

Health practitioners called to give evidence other than expert evidence, per hour (or proportionately if not for a full hour) to a maximum of $600

$300

$310

2

Health practitioners called to give expert evidence—

(a) for the first one and a half 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)

$800

$824

(b) for every full hour after the first hour and a half (or proportionately if not for a full hour) to a maximum of $2,400

$300

$309

3

Travelling allowance in connection with appearance as witness—per kilometre

$0.55

$0.55

4

Accommodation and meals in connection with appearance as witness

reasonable costs

reasonable costs

5

Report made by an attending general practitioner—

(a) if a re-examination of the patient is not required

$250

$276

(b) if a re-examination of the patient is required

$330

$340

6

Report made by an attending specialist—

(a) if a re-examination of the patient is not required

$800

$824

(b) if a re-examination of the patient is required

$1200

$1236

7

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

$800

$824

(b) if an examination of the patient is required

$1200

$1236

8

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

$1200

$1236

(b) if an examination of the patient is required

$1600

$1648

9

Charges for copying medical reports—per page

$1

$1

10

Fee if appearance or medical report is not required

Not more than 50% of the relevant amount specified in this Schedule

Not more than 50% of the relevant amount specified in this Schedule