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:
- claim cost disclosure: A lawyer representing a claimant with a motor accident injury claim must provide us with a breakdown of costs for that claim (see 'Fees and invoicing' below) when it is finalised
- disputes and reviews
- arranging authorised health practitioner (formerly 'medico legal')
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
- Application for personal injury benefits
- Application for damages under common law
- Application to compensate relatives
- Application for funeral expenses
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:
- Prohibit contracting out of maximum solicitor-client costs for claims for a settlement or award of not more than $75,000.
- Protect the first $75,000 of a settlement or award from solicitor-client costs.
- Limit legal costs to $15,000 for claims made by children under 18 years of age.
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
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.
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 Accident Injuries 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 are indexed each year in line with inflation. See the maximum costs that apply from 1 October 2023 – 30 September 2024 below.
Merit review, medical assessment and miscellaneous claims assessment
| Description | Fees for 1 October 2021 to 30 September 2022 | Fees for 1 October 2022 to 30 September 2023 | Fees for 1 October 2023 to 30 September 2024 | ||
|---|---|---|---|---|---|
| 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: | per claim is | $1,710 | $1,800 | $1,919 | |
| to a maximum of | $6,413 | $6,752 | $7,198 | ||
| 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 President of the Commission approves the application for referral | $1,710 | $1,800 | $1,919 | |
| (b) if the President of the Commission refuses to approve the application: | (i) for legal services provided to the applicant | Nil | Nil | Nil | |
| (ii) for legal services provided to the respondent | $855 | $900 | $960 | ||
Claims assessments
| Description | Fees for 1 October 2021 to 30 September 2022 | Fees for 1 October 2022 to 30 September 2023 | Fees for 1 October 2023 to 30 September 2024 |
|---|---|---|---|
| Representation at an assessment conference under section 7.46 of the Act: | |||
| (a) maximum flat fee | $3,207 | $3,376 | $3,599 |
| (b) maximum additional amount per hour for each hour in excess of 2 hours | $321 | $338 | $360 |
| Conference directly related to an assessment of a claim for damages or a court hearing, maximum per hour | $321 | $338 | $360 |
Court proceedings
| Description | Fees for 1 October 2021 to 30 September 2022* | Fees for 1 October 2022 to 30 September 2023* | Fees for 1 October 2023 to 30 September 2024 |
|---|---|---|---|
| Interlocutory court proceedings | $855 | $900 | $960 |
| Representation in court: | |||
| (a) maximum per day for advocate other than senior counsel | $2,672 | $2,813 | $2,999 |
| (b) maximum per day for senior counsel | $3,795 | $3,995 | $4,259 |
| Conference directly related to an assessment of a claim for damages or a court hearing, maximum per hour | $321 | $338 | $360 |
| *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 | Description | Fees for 1 October 2021 to 30 September 2022 | Fees for 1 October 2022 to 30 September 2023 | Fees for 1 October 2023 to 30 September 2024 |
|---|---|---|---|---|
| 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 | $312 | $329 | $350 | |
| (b) in the case of an Australian legal practitioner acting for an insurer | nil | nil | 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 | $462 | $486 | $518 | |
| (b) in the case of an Australian legal practitioner acting for an insurer | nil | nil | 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 $774 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 | $774 | $815 | $869 | |
| (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 | $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 | $774 | $815 | $869 | |
| (ii) for each dollar of the resolution amount over $20,000, or | $0.12 | $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 | $2,771 | $2,917 | $3,109 | |
| (ii) for each dollar of the resolution amount over $20,000, or | $0.12 | $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 | $5,541 | $5,834 | $6,219 | |
| (ii) for each dollar of the resolution amount over $50,000, or | $0.10 | $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 | $7,619 | $8,021 | $8,551 | |
| (ii) for each dollar of the resolution amount over $50,000, or | $0.10 | $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 | $12,237 | $12,882 | $13,733 | |
| (ii) for each dollar of the resolution amount over $100,000, or | $0.02 | $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 | $14,315 | $15,070 | $16,065 | |
| (ii) for each dollar of the resolution amount over $100,000 | $0.02 | $0.02 | $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 | as per stage 3 | as per stage 3 | |
| (b) for each dollar of the assessment amount | $0.02 | $0.02 | $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 | as per stage 4 | as per stage 4 | |
| (b) for each dollar of the settlement or award amount | $0.02 | $0.02 | $0.02 | |
Maximum costs for stages of claim—where legal practitioner first retained after claims assessment
| Stage | Description | Fees for 1 October 2021 to 30 September 2022 | Fees for 1 October 2022 to 30 September 2023 | Fees for 1 October 2023 to 30 September 2024 |
|---|---|---|---|---|
| 1 | Advice on the issue of the certificate under section 7.36 of the Act | $381 | $401 | $427 |
| 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 $381 specified for stage 1): | nil | nil | nil |
| (a) if the settlement amount or award is not more than $20,000, or | ||||
| (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 | $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 | $4,040 | $4,254 | $4,534 | |
| (ii) for each dollar of the settlement amount or award over $50,000, or | $0.08 | $0.08 | $0.08 | |
| (d) if the settlement amount or award is more than $100,000: | ||||
| (i) base amount, and | $9,466 | $9,966 | $10,624 | |
| (ii) for each dollar of the settlement amount or award over $100,000 | $0.02 | $0.02 | $0.02 | |
Maximum fees for medico-legal services
| Appearances as witnesses | Fees for 1 October 2021 to 30 September 2022 | Fees for 1 October 2022 to 30 September 2023 | Fees for 1 October 2023 to 30 September 2024 |
|---|---|---|---|
| Health practitioners called to give evidence other than expert evidence, per hour (or proportionately if not for a full hour) to a maximum of $1,012 | $481 | $506 | $540 |
| 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) | $1,283 | $1,350 | $1,440 |
| (b) for every full hour after the first 1.5 hours (or proportionately if not for a full hour) to a maximum of $3,848.08 | $481 | $506 | $540 |
| Travelling allowance (for travel by private motor vehicle) in connection with appearance as witness—per kilometre | $0.66 | $0.66 | $0.66 |
| Accommodation and meals in connection with appearance as witness | reasonable costs | reasonable costs | reasonable costs |
| Medical reports | Fees for 1 October 2021 to 30 September 2022 | Fees for 1 October 2022 to 30 September 2023 | Fees for 1 October 2023 to 30 September 2024 |
| Report made by a treating general practitioner: | |||
| (a) if a re-examination of the patient is not required | $401 | $422 | $450 |
| (b) if a re-examination of the patient is required | $529 | $557 | $594 |
| Report made by a treating specialist: | |||
| (a) if a re-examination of the patient is not required | $1,283 | $1,350 | $1,440 |
| (b) if a re-examination of the patient is required | $1,710 | $1,800 | $1,919 |
| 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 | $1,283 | $1,350 | $1,440 |
| (b) if an examination of the patient is required | $1,710 | $1,800 | $1,919 |
| 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 | $1,924 | $2,026 | $2,159 |
| (b) if an examination of the patient is required | $2,352 | $2,476 | $2,639 |
| Charges for copying medical reports—per page | $1 | $1 | $1 |
| Cancellation | |||
| Fee if appearance or medical report is not required | Not more than 50% of the relevant amount specified in this Table | ||
Claim cost disclosure
The Claims Costs Disclosure (CCD) portal captures settlement costs data relating to CTP damages claims made under the Motor Accident Injuries Act 2017.
From 1 March 2023, cost disclosures need to be lodged using the CCD portal.
SIRA does not require retrospective disclosure of costs settled prior to 1 March 2023.
Costs breakdown
Legal practitioners representing a CTP claimant must provide SIRA with a breakdown of costs related to the settlement of the claim.
The breakdown must include:
- the total amount the claim was resolved for
- all deductions (including all legal costs and disbursements)
- the total amount paid to the claimant.
Time frames
- After SIRA receives the claim settlement data from the CTP insurer, Legal Practitioners will be sent an email with a secure link to the portal. Make sure insurers have a current email address.
- Legal Practitioners have 20 business days (from the date of the initial email) to complete and submit the online disclosure form. After the disclosure has been submitted, a PDF copy can be downloaded.
Personal Injury Commission portal
If you have previously registered with the Personal Injury Commission Portal, you have been automatically registered for the CCD Portal. You will receive an email with login instructions.
Register for CCD portal
All legal practitioners can register from 8 February 2023.
More information
- CCD Portal User Guide for Legal Representatives
- CCD Portal - FAQs
- Call SIRA on 1300 656 919 or send an email.
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 Personal Injury Commission, please see Motor Accident Decision on or after 1 December, 2017