WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 316
Principles about orders as to costs
WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 316
Principles about orders as to costs
316 Principles about orders as to costs
(1) No order about costs, other than
an order allowed under this section, is to be made by the court in the
claimant’s proceeding.
(2) If a claimant or an insurer makes a written
final offer of settlement that is refused, the court must, in the following
circumstances, make the order about costs provided for—
(a) if the court
later awards an amount of damages to the worker that is equal to or more than
the worker’s written final offer—an order that the insurer pay the
worker’s costs on the standard basis from the day of the written final
offer;
(b) if the court later dismisses the worker’s claim, makes no award
of damages or awards an amount of damages that is equal to or less than the
insurer’s written final offer—an order that the worker pay the insurer’s
costs on the standard basis from the day of the final offer.
(3) If an award
of damages is less than the claimant’s written final offer but more than the
insurer’s written final offer, each party bears the party’s own costs.
