Motor Accidents Amendment (Costs and Fees) Regulation 2008 (NSW)

2008 No 135

New South Wales

Motor Accidents Compensation

Amendment (Costs and Fees)

Regulation 2008

under the

Motor Accidents Compensation Act 1999

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Motor Accidents Compensation Act 1999.

JOHN DELLA BOSCA, M.L.C.,

Minister Assisting the Minister for Finance

Explanatory note
The object of this Regulation is to amend the Motor Accidents Compensation Regulation

2005 to increase:

(a)	the maximum costs for legal services provided by legal practitioners to claimants or to insurers in motor accidents matters and for matters that are not legal services but are related to proceedings in motor accidents matters (the increase, however, does not apply to costs that are charged on an ad valorem basis), and
(b)	the maximum fees for the provision of medical reports, and appearances as witnesses, by medical practitioners in relation to motor accidents matters.

The increases are generally in line with movements in the Consumer Price Index. regulation-making power).

This Regulation is made under the Motor Accidents Compensation Act 1999, including

Published in Gazette No 53 of 16 May 2008, page 3880	Page 1
2008 No 135	Motor Accidents Compensation Amendment (Costs and Fees) Regulation
Clause 1	2008

Motor Accidents Compensation Amendment (Costs and

Fees) Regulation 2008

under the

Motor Accidents Compensation Act 1999

1      Name of Regulation

This Regulation is the Motor Accidents Compensation Amendment
(Costs and Fees) Regulation 2008.

2 Amendment of Motor Accidents Compensation Regulation 2005

The Motor Accidents Compensation Regulation 2005 is amended as set out in Schedule 1.

Motor Accidents Compensation Amendment (Costs and Fees) Regulation	2008 No 135
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Amendment	Schedule 1
Schedule 1	Amendment

(Clause 2)

Schedules 1 and 2

Omit the Schedules. Insert instead:

Schedule 1 Maximum costs for legal services

(Clause 9 (1))

1      Costs determined by reference to certain stages in the matter

(1)	The maximum costs for legal services provided for a stage of a motor accidents matter set out in Column 1 of Table A to this clause are the costs set out in Column 2 opposite that stage.
(2)	However, if a legal practitioner was first retained in the matter after a certificate as to the claims assessment is issued under section 94 of the Act, the costs are those set out in Table B to this clause.
(3)	Costs may be charged for more than one stage described in this Schedule.
(4)	Other than stage 1 in the Tables to this clause, each stage specifies the maximum costs payable for all legal services provided in the period commencing on the occurrence of one specified event and concluding on either the occurrence of another specified event or settlement of the matter (whichever occurs first).

Table A

Column 1	Column 2
Stage	Costs

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

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Schedule 1	Amendment

Column 1	Column 2
Stage	Costs

2	From the acceptance of the	(a)	in the case of a legal
retainer to the preparation	practitioner acting for a
and service of a notice of	claimant—$260
claim under section 72 of	(b)	in the case of a legal
the Act (including the
provision of all relevant	practitioner acting for an
particulars about the claim	insurer—nil
to the insurer, even if those particulars are requested after the claim is served)
3	From service of the notice	(a)	in the case of a legal
of claim under section 72	practitioner acting for a
of the Act to the	claimant—$380
preparation and service of	(b)	in the case of a legal
a response to the insurer’s
offer of settlement under	practitioner acting for an
section 82 of the Act	insurer—nil

4	If settlement occurs	In addition to the $640 specified
without the issue of a	for stages 2 and 3 (if
certificate under section 94	chargeable):
of the Act—from service	(a) if the settlement amount
of the response to the

insurer’s offer of	is $20,000 or less and the
settlement under section 82	insurer wholly admitted
of the Act to finalisation of	liability for the claim—
the matter	$640

(b) if the settlement amount is $20,000 or less and the insurer denied liability

for up to 25% of the claim—10% of the settlement amount

(c)	if the settlement amount is more than $20,000 but less than $50,001 and
the insurer wholly admitted liability for the claim—$640 plus 12% of every dollar of the settlement amount over $20,000

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2008
Amendment	Schedule 1

Column 1	Column 2
Stage	Costs
(d) if the settlement amount is more than $20,000 but less than $50,001 and

the insurer denied
liability for up to 25% of
the claim—$2,400 plus
12% of every dollar of
the settlement amount

over $20,000

(e)	if the settlement amount is $50,001 or more but less than $100,001 and the insurer wholly admitted liability for the claim—$4,800 plus 10% of every dollar of the settlement amount over $50,000
(f)	if the settlement amount is $50,001 or more but less than $100,001 and the insurer denied liability for up to 25% of the claim—$6,600 plus 10% of every dollar of the settlement amount over $50,000
(g)	if the settlement amount is $100,001 or more and the insurer wholly

admitted liability for the claim—$10,600 plus 2% of every dollar of the

settlement amount over $100,000
(h)	if the settlement amount is $100,001 or more and the insurer denied

liability for up to 25% of the claim—$12,400 plus 2% of every dollar of the settlement amount over $100,000

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Schedule 1	Amendment

Column 1	Column 2
Stage	Costs

5	If settlement occurs after	The total of the following:
the issue of a certificate	(a) an amount determined,

under section 94 of the Act	in accordance with stage
but without the	4, by reference to the
commencement of court	amount of the
proceedings—from the	assessment as if that
issue of the certificate to	assessment were the
finalisation of the matter	amount of the settlement referred to in stage 4,

(b) 2% of the assessment

6	If the matter is finalised	The total of the following:
after the commencement of	(a) an amount determined
court proceedings (whether

by way of settlement or an under stage 5,

award of damages)—from	(b)	2% of the settlement or
the issue of the certificate	award
under section 94 of the Act to finalisation of the matter

Table B

Column 1	Column 2
Stage	Costs

1	Advice on the issue of the	$320
certificate under section 94 of the Act
2	From the giving of the	In addition to the $320 specified
advice on the certificate	for stage 1:
issued under section 94 of	(a) if the settlement amount
the Act to finalisation of

matter by settlement or	or award is $20,000 or
award of damages	less—nil

(b) if the settlement amount
or award is more than
$20,000 but less than
$50,001—10% of the
settlement amount or
award over $20,000

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Amendment	Schedule 1

Column 1

Column 2

Stage

Costs

(c)	if the settlement amount or award is $50,001 or more but less than $100,001—$3,500 plus 8% of every dollar of the settlement amount or award over $50,000
(d)	if the settlement amount or award is $100,001 or more—$8,200 plus 2% of every dollar of the

settlement amount or award over $100,000

2      Other costs for legal services

(1)	Maximum costs for legal services provided in motor accidents matters may include (in addition to the costs for legal services provided for a stage in the matter, as referred to in clause 1) the costs set out in the Table to this clause.
(2)	However, an amount for the fees for senior counsel, or for more than one advocate, are not to be included unless the court so orders.

Table

Nature of costs	Maximum costs
Costs associated with a medical	up to $640 but not exceeding
dispute under Part 3.4 of the Act,	$1,520 in respect of any one claim,
as allowed by the claims assessor	regardless of the number or kind of disputes
Costs associated with a dispute	up to $760 in respect of any one
referred to in section 96 of the Act,	claim, regardless of the number or
as allowed by the claims assessor	kind of disputes
Cost of representation at an assessment conference under section 104 of the Act:

(a)	flat fee	$510
(b)	additional amount, at the	up to $160 per hour for each hour
claims assessor’s	(or part of an hour) in excess of
discretion, if the	2 hours
conference exceeds 2 hours

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Schedule 1	Amendment

Nature of costs	Maximum costs
Cost of representation in court, per day:

(a)	advocate other than senior	$2,000
counsel
(b)	senior counsel	$2,790

Cost of conference directly related	$160
to an assessment of the claim or a court hearing, per hour (or part of an hour)

3      Country loadings

(1)	An advocate whose principal chambers or offices are in the Sydney Metropolitan area is entitled, in respect of proceedings heard or partially heard in a town outside that area, to a loading for that town in accordance with the Table to this clause. If proceedings take place at two or more towns outside that area, the loading payable is that appropriate to the town that is the farther or farthest from those chambers or offices.
(2)	An advocate whose principal chambers or offices are in a town outside the Sydney Metropolitan area is entitled, in respect of proceedings heard or partially heard in the Sydney Metropolitan area, to a loading for that town in accordance with the Table to this clause.
(3)	An advocate whose principal chambers or offices are in a town outside the Sydney Metropolitan area is entitled, in respect of proceedings heard or partially heard at another such town, to a loading for that other town in accordance with the Table to this clause. If proceedings take place at two or more towns outside that area, the loading payable is that appropriate to the town that is the farther or farthest from those chambers or offices.
(4)	For the purposes of this clause, if a town is not included in the Table to this clause, the loading for that town is to be the loading for the nearest town that is so included.
(5)	If an advocate holds more than one brief in respect of proceedings heard at a place on any one day and a loading is applicable under this item, the loading is to be divided equally between those briefs in respect of which an advocate’s fees are awarded or payable.

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Amendment	Schedule 1

Table

Town	Loading $
Albury	915
Armidale	839
Batemans Bay	838
Bathurst	665
Bega	1,011
Bourke	1,444
Broken Hill	1,559
Campbelltown	80
Casino	943
Cessnock	520
Cobar	1,328
Coffs Harbour	739
Condobolin	1,125
Cooma	1,116
Coonamble	1,076
Cootamundra	763
Cowra	587
Deniliquin	983
Dubbo	779
Forbes	779
Glen Innes	739
Gosford	223
Goulburn	550
Grafton	905
Griffith	744
Gundagai	873
Gunnedah	861
Hay	963
Inverell	865
Katoomba	303

2008 No 135	Motor Accidents Compensation Amendment (Costs and Fees) Regulation 2008
Schedule 1	Amendment

Town	Loading $
Kempsey	796
Lismore	853
Lithgow	346
Maitland (including East Maitland)	520
Moree	780
Moruya	653
Moss Vale	359
Mudgee	620
Murwillumbah	963
Muswellbrook	552
Narrabri	724
Narrandera	719
Newcastle	520
Nowra	520
Nyngan	1,236
Orange	593
Parkes	801
Penrith	80
Port Macquarie	671
Queanbeyan	666
Singleton	800
Tamworth	776
Taree	620
Tweed Heads	904
Wagga Wagga	689
Wentworth	1,460
Wollongong	329
Yass	586
Young	763

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Amendment	Schedule 1

4      Interstate loadings

(1)	An advocate whose principal chambers or offices are in New South Wales is entitled, in respect of proceedings heard or partially heard in another State or Territory, to such reasonable loading as is determined by the court or the claims assessor.
(2)	If an advocate holds more than one brief in respect of proceedings heard at a place on any one day and a court or assessor determines that a loading is applicable under this item, the loading is to be divided equally between those briefs in respect of which an advocate’s fees are awarded or payable.

Schedule 2 Maximum fees for medico-legal
services

(Clause 13)

$

Appearances as witnesses

1	Medical practitioners and other medical	250
professionals called to give evidence other than expert evidence, per hour (or proportionately if not for a full hour) to a maximum of $495
2	Medical practitioners and other medical professionals called to give expert evidence:

(a)	for the first one and a half hours	580
(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)
(b)	for every full hour after the first hour and	250
a half (or proportionately if not for a full hour)

to a maximum of $2,060

3	Travelling allowance in connection with	0.38 per kilometre
appearance as witness
4	Accommodation and meals in connection with	reasonable costs
appearance as witness

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$

Medical reports

5             Report (in the form, if any, provided for in the MAA Medical Guidelines) made by an attending general practitioner:

(a) if a re-examination of the patient is not 125

required

(b)	if a re-examination of the patient is	190
required

6             Report (in the form, if any, provided for in the MAA Medical Guidelines) made by an attending specialist:

(a) if a re-examination of the patient is not 250

required

(b)	if a re-examination of the patient is	330
required

7             Report (in the form, if any, provided for in the MAA Medical Guidelines) made by a specialist who has not previously treated the patient:

(a) if an examination of the patient is not 330–415

required

(b)	if an examination of the patient is	390–685
required
(depending, in both cases, on the complexity of the matter, the number of documents to be studied and the amount of research required)

8 Charges for copying medical reports 1 per page

Cancellation fee

9	Fee if appearance or medical report is not	No more than 50% of the
required	relevant amount specified in this Table

BY AUTHORITY