New South Wales Consolidated Acts

LEGAL PROFESSION ACT 2004 - SECT 338A

338A Maximum costs increased by additional amount for certain claims heard by the District Court

(1) This section applies to a claim for personal injury damages in respect of which the amount recovered does not exceed $100,000 that is made by proceedings heard by the District Court.

(2) If the District Court referred the proceedings to arbitration and, following the arbitration, made an order for a full or limited rehearing of the proceedings concerned on the application of a party, the maximum costs fixed by this Division for legal services provided in connection with the claim to the other party are increased by the additional amount.

(3) If the decision of the District Court in respect of a claim is the subject of an appeal, the maximum costs fixed by this Division for legal services provided in connection with the claim to the party who is the respondent to the appeal are increased by the additional amount or, if subsection (2) also applies to legal services provided to the respondent, by 2 times the additional amount.

(4) For the purposes of this section, the "additional amount" is:

(a) in the case of legal services provided to the plaintiff-15% of the amount recovered, or $7,500, whichever is the greater, and

(b) in the case of legal services provided to the defendant-15% of the amount sought to be recovered by the plaintiff, or $7,500, whichever is the greater.

(5) The regulations may prescribe a percentage to replace the percentage of 15% in subsection (4) and may prescribe an amount to replace the amount of $7,500 in subsection (4). When such a replacement percentage or amount is prescribed, it applies for the purposes of subsection (4) in place of the percentage or amount that it replaces.

(6) The regulations may contain provisions of a savings or transitional nature consequent on the making of regulations under this section.