WORKERS COMPENSATION REGULATION 2016 - REG 104
Application for assessment of party/party costs--compensation matters
WORKERS COMPENSATION REGULATION 2016 - REG 104
Application for assessment of party/party costs--compensation matters
104 Application for assessment of party/party costs--compensation matters
(1) A person who is entitled to receive or who has received costs, in or in
connection with a workers compensation matter, as a result of--
(a) an order
for the payment of an unspecified amount of costs made by a court or the
Commission, or
(b) an agreement, evidenced in writing by the party liable to
pay the costs, for the payment of an unspecified amount of costs,
may apply to
the President for an assessment of the whole of, or any part of, those costs.
(2) A person who has paid or is liable to pay costs, in or in connection with
a workers compensation matter, as a result of an order or agreement referred
to in subclause (1) may apply to the President for an assessment of the whole
of, or any part of, those costs after the period of 60 days after the making
of the order or agreement.
(3) A court or the Commission may, after making an
order in relation to a matter--
(a) refer the matter to the President, and
(b) request the President to make arrangements for the assessment of costs
payable as a result of the order.
Note--: Schedule 3, clause 5(2) of the
Personal Injury Commission Act 2020 requires the Commission to be constituted
by 1 non-presidential member assigned to the Workers Compensation Division of
the Commission when dealing with the assessment of costs under this
Regulation.
(4) A referral under subclause (3) is taken to be an application
for assessment duly made under this Division.
