12Professional
costs—applications for compensation and proceedings before
Tribunal
(1)
The scale of costs for the purposes of section 35
of the Act is the scale set out in the Table to this
clause.
(2)
If 2 or more legal practitioners represent an
applicant for statutory compensation, the amounts payable in relation to their
costs and expenses are to be apportioned between them in such manner as the
Tribunal or compensation assessor determines.
(3)
In addition to the amount awarded in accordance
with the scale set out in the Table to this clause, the amount so awarded is
to include the amount of any GST that is payable in respect of the work or
disbursements concerned.
(4)
Subclause (3) does not permit the awarding of an
amount that is greater than:
(a)
10% of the amount of the costs awarded (apart
from that subclause), or
(b)
the amount permitted under the New Tax System
Price Exploitation law,
whichever is the lesser.
(5)
In subclauses (3) and (4):
GST has the same meaning as in the
A New
Tax System (Goods and Services Tax) Act 1999 of the
Commonwealth.
New Tax
System Price Exploitation law means:
(a)
the New Tax System Price Exploitation Code, as
applied as a law of New South Wales by the Price
Exploitation Code (New South Wales) Act 1999,
or
(b)
Part VB of the Trade Practices Act
1974 of the Commonwealth.
(6)
Subclauses (1)–(5) of this clause and the
Table to this clause, as in force immediately before the commencement of the
Victims Support and Rehabilitation Amendment Rule
2010, continue to apply to an application for statutory
compensation that was determined by the Tribunal or a compensation assessor
before the commencement of that Rule.
Table
General
(1)
For work
carried out by a solicitor or barrister in relation to the lodgment of an
application for compensation, preparation of material required to enable the
application to be determined and for work after determination
(a)
in the case of an application determined by the
awarding of compensation
Up to
$825
(b)
in the case of an application that is
dismissed
Up to
$400
(2)
For work
carried out by a solicitor or barrister in relation to an appeal to the
Tribunal
(a)
in the case of an appeal determined without a
hearing
Up to
$500
(b)
in the case of an appeal determined after a
hearing—including preparing for hearing, conferring with the applicant,
attending the hearing and travelling to and from the
hearing
Up to
$1,500
Disbursements
Such disbursements as are, in the opinion of the
Tribunal or compensation assessor, both reasonable and necessary, up to a
maximum limit of $1,100, but not including:
(a)
any amount for which provision has been made in
an award of compensation to the applicant, or
(b)
allowances or expenses for witnesses at the
hearing, or
(c)
expenses incurred in attending the hearing by the
applicant, any agent representing the applicant or (if the applicant is not
the person to whom the application relates) the person to whom the application
relates, or
(d)
fees for a barrister or other
advocate.
cl 12: Am 30.6.2000;
2005 (615), Sch 1 [3]; 2010 (737), Sch 1 [3].
cl 12, table: Am 2005
(615), Sch 1 [4] [5]; 2010 (737), Sch 1 [4].