Section 26U — Civil Liability Act 2002 (NSW)

(1) The maximum costs for legal services provided to the plaintiff in connection with a victim claim that is eligible to be satisfied from a victim trust fund are fixed as follows—
(a) if the amount recovered on the claim does not exceed $100,000—maximum costs are fixed at 20% of the amount recovered or $10,000, whichever is greater,
(b) if the amount recovered on the claim exceeds $100,000 but does not exceed $250,000—maximum costs are fixed at 18% of the amount recovered or $20,000, whichever is greater,
(c) if the amount recovered on the claim exceeds $250,000 but does not exceed $500,000—maximum costs are fixed at 16% of the amount recovered or $45,000, whichever is greater,
(d) if the amount recovered on the claim exceeds $500,000—maximum costs are fixed at 15% of the amount recovered or $80,000, whichever is greater.
(2) The regulations may prescribe an amount or percentage to replace any amount or percentage in subsection (1). When such a replacement amount or percentage is prescribed, it applies for the purposes of subsection (1) in place of the amount or percentage that it replaces.
(3) Schedule 1 (Maximum costs in personal injury damages matters) to the Legal Profession Uniform Law Application Act 2014 applies in respect of the maximum costs for legal services provided to a plaintiff in connection with a victim claim that is eligible to be satisfied from a victim trust fund as if subsections (1) and (2) of this section were substituted for subclauses (1) and (2) of clause 2 of that Schedule.
(4)
(5) The amount recovered on a claim is the full amount of the damages awarded (not just the amount ordered to be paid from a victim trust fund).

Related sections

• s 26R — Payment to offender of trust fund surplus
• s 26S — Functions of the NSW Trustee and Guardian
• s 26T — Exception for legal costs
• s 26V — Protection from liability
• s 26W — Division overrides Part 7 Division 2
• s 26X — Limitation on exemplary, punitive and aggravated damages against protected defendant in cases of vicarious liability

Research how courts apply s 26U

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.