Victorian Consolidated Legislation

Accident Compensation Act 1985 - SECT 50

Costs

50. Costs







(1) Subject to this Act, in proceedings before the County Court under this Act
or the Workers Compensation Act 1958 being proceedings brought by a person
other than the Authority, employer or a self-insurer, the Court-



   (a)  must award costs against the party against whom a judgement or
        decision is made; and



   (b)  may, if it considers it appropriate, include in an order under
        paragraph (a) an award of costs to the representative of a worker in
        whose favour a judgement or decision is made; and

   (c)  must not otherwise make an award of costs.

(2) Nothing in subsection (1) applies to proceedings brought by the Authority,
employer or a self-insurer.





(2AA) Subsections (3) to (6) do not apply in proceedings before the County
Court commenced before the commencement of section 5 of the Accident
Compensation and Other Legislation (Amendment) Act 2006 if the only reason why
those subsections would apply is because of the amendment of section 43 by
that section.

(2A) In proceedings before the County Court under this Act which relate to a
claim under section 98 or 98A, if a judgment or order is made by the County
Court for the payment of an amount of compensation to the claimant-





   (a)  which is not less than 90 per cent of the claimant's counter statutory
        offer but is greater than the statutory offer made by the Authority,
        employer or self-insurer-the Authority, employer or self-insurer must
        pay the claimant's party and party costs and must bear their own
        costs; or

   (b)  which is equal to or less than the statutory offer made by the
        Authority, employer or self-insurer-the claimant must pay the party
        and party costs of the Authority, employer or self-insurer and bear
        his or her own costs; or

   (c)  which is greater than the statutory offer made by the Authority,
        employer or self-insurer but less than 90 per cent of the counter
        statutory offer made by the claimant-each party must bear their own
        costs-

and the County Court must not otherwise make an award of costs.

(2B) If a direction of a Conciliation Officer under Division 2 of Part III is
revoked by the County Court or Magistrates' Court in an application under
section 60, unless the County Court or Magistrates' Court has made an order
under section 60(4)(b), the County Court or Magistrates' Court must order that
the costs of the worker are to be paid by the person who made the application
and must not order that the costs of the person who made the application be
paid by the worker17.

(3) Costs awarded to a worker or claimant by the County Court in proceedings
brought by the worker or claimant in which the judgement or decision is a
judgement or decision that could have been made by the Magistrates' Court, had
the proceedings been brought in the Magistrates' Court, must be awarded as if
the scale of costs applicable in the Magistrates' Court applied.

(4) If a settlement or compromise is made in respect of proceedings in the
County Court brought under this Act by a worker or claimant and the outcome
achieved by the settlement or compromise could have been achieved by a
judgment or decision made by the Magistrates' Court had the proceedings been
brought in the Magistrates' Court18-

   (a)  subsection (5) and (6) apply in respect of that settlement or
        compromise; and



   (b)  whether or not an agreement referred to in subsection (5) is entered
        into, the worker or claimant or his or her legal practitioner is not
        entitled to receive either directly or indirectly from the other party
        to the proceedings an amount for or in respect of the legal
        practitioner appearing for or acting on behalf of the worker or
        claimant in the proceedings that exceeds the amount the worker or
        claimant or legal practitioner could have been awarded if the scale of
        costs applicable in the Magistrates' Court applied.





(5) An agreement must not be entered into in respect of, or which forms part
of, the settlement or compromise which provides that the worker or claimant or
his or her legal practitioner is to receive directly or indirectly from the
other party to the proceedings for or in respect of the legal practitioner
appearing for or acting on behalf of the worker or claimant in the
proceedings, an amount which exceeds the amount that the worker or claimant or
legal practitioner could have been awarded if the scale of costs applicable in
the Magistrates' Court applied19.

(6) An agreement which does not comply with subsection (5) is void but the
validity of the settlement or compromise is not otherwise affected20.

(7) This section has effect despite anything to the contrary in any other Act
or law.