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Costs determined by reference to certain stages in the matter

Table AFees for
1 October 2020 -
30 September 2021
  

Stage 1

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

Stage 2

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

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

NIL

Stage 3

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

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

NIL

Stage 4

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 $724 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

(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

(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

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

$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

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

$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

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

$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

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

$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

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

$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

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

$0.02

Stage 5

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

(b) for each dollar of the assessment amount

$0.02

Stage 6

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

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

$0.02


Table BFees for
1 October 2020 -
30 September 2021
  

Stage 1

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

$356

Stage 2

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 $356 specified for stage 1)—

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

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

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

(i) base amount, and

$3780

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

$0.08

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

(i) base amount, and

$8856

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

$0.02