WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 87

WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 87

87 .         Solicitor-client costs, limits on agreements as to

        (1)         This section applies to an action for damages independently of this Act if Division 2 applies to the awarding of damages in the action (whether or not an award of damages is affected).

        (2)         An agreement is not to be made for a legal practitioner to receive, for appearing for or acting on behalf of a person —

            (a)         in an action to which this section applies; or

            (b)         in respect of an application for a declaration under section 11 of the Workers’ Compensation and Rehabilitation Amendment Act 1993 ,

                any greater reward than is provided for by any legal costs determination made under the Legal Profession Uniform Law Application Act 2022 section 133.

        (3)         An agreement is void —

            (a)         if it is made contrary to this section; or

            (b)         if it would have been contrary to this section if it had been made after the commencement of section 4 of the Workers’ Compensation and Rehabilitation Amendment Act 1993 .

        [Section 87 inserted: No. 48 of 1993 s. 4(2); amended: No. 65 of 2003 s. 72(2); No. 21 of 2008 s. 713(2); No. 9 of 2022 s. 412.]

[ 88-90.         Deleted: No. 48 of 1993 s. 4(2).]