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ARTICLE · 03 MARCH 2013

Claims for catastrophic injury and legal costs

Lawyers have often complained of the arbitrary limitations on costs charged on the resolution of catastrophic PI claims.

AustraliaLitigation, Mediation & Arbitration
Nicky Pereira (Previously With Kott Gunning)
Nicky Pereira (Previously With Kott Gunning)
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Plaintiffs' lawyers have long complained of the arbitrary limitations on costs that could be charged upon the resolution of catastrophic personal injury claims.

The Supreme Court Scale of Costs capped the amount that could be charged by solicitors for general work on claim which is subject to court proceedings (called "getting up case for trial") to 120 hours work by a senior practitioner.

With the coming into operation of the legal practitioners (Supreme Court) (Contentious Business) Determination 2012 (WA) on 1 November 2012, this arbitrary limitation is lifted and the amount that may be legitimately charged will be an amount that is assessed by a taxing officer to be "reasonable in the circumstances".

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