7.8.2 Court costs
The validity of any settlement A lump sum payment that replaces an injured worker's right to ongoing weekly compensation. or compromise is not affected by any further arguments about what costs are awarded.
Agents must ensure prompt payment of appropriate entitlements and legal costs. Timeframes are as follows:
- settlement amounts must be paid within seven days
- costs and disbursements must be paid within 30 days of receipt.
Award costs
If a matter was referred to the County Court by the worker or someone other than WorkSafe, the Agent or employer, the court:
- must award costs against the party against whom a judgment or decision is made
- may, if it considers appropriate, include an award of costs to the worker’s representative in whose favour a judgment or decision is made
- must not otherwise award costs.
If a direction of a Conciliation Officer is revoked by a Court, it must order that the costs of the worker are paid by the person who made the application. It must not order that the costs of the person who made the application be paid by the worker.
If the worker refers a case to the County Court which could have been heard in the Magistrates’ Court, costs must be awarded as if the scale of costs applicable in the Magistrates’ Court applied.
Claim for maims
For a claim for maims, if the judgment or order is for:
| Step | Agent action |
|---|---|
|
not less than 90% of the worker’s counter statutory offer but greater than the Agent’s (or employer’s) statutory offer |
Agent (or employer) must pay all costs |
|
equal to or less than the Agent’s (or employer’s) statutory offer |
worker must pay all costs |
|
less than 90% of the worker’s counter statutory offer but greater than the Agent’s (or employer’s) statutory offer |
each party must pay their own costs |
Unreasonable costs
The legal practitioner Legal practitioner means an Australian legal practitioner within the meaning of the Legal Profession Act 2004 for a party may be ordered to pay costs or will have their costs disallowed if:
- they caused costs to be incurred improperly or without reasonable cause or to be wasted by undue or negligence or by any other misconduct or default
- without reasonable cause, they commence proceedings in the County Court which could have been commenced in the Magistrates’ Court.