Section 8.6 — Motor Accident Injuries Act 2017 (NSW)

(cf s 153 MACA)
(1) Any order of a court as to costs is to be made consistently with the relevant provisions of or made under this Act. However, the court may make an order that departs from those provisions in an exceptional case and for the avoidance of substantial injustice.
(2) Subject to the regulations and rules of court where relevant, if costs are awarded to a claimant by reference to the amount recovered by the claimant, that amount is to be taken to be the amount recovered as qualified, or after making any deduction or reduction, in accordance with or by reference to Part 4.
(3) Regulations under this Part may fix maximum costs and fees by reference to costs and fees fixed by regulations under the Legal Profession Uniform Law Application Act 2014.
(4) The regulations may make provision for or with respect to the assessment or taxation of costs and any associated matters, and may do so by reference to the provisions of any Act.

Related sections

• s 8.3 — Regulations fixing maximum costs etc recoverable by Australian legal practitioners
• s 8.4 — Maximum fees recoverable by health practitioners for medico-legal services
• s 8.5 — Costs where court proceedings and no claims assessment
• s 8.7 — Court fees
• s 8.8 — Claims assessment fees
• s 8.9 — Maximum fees payable by insurers for treatment and care not provided at hospitals or provided at private hospitals

Research how courts apply s 8.6

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