Recoverable Costs Under the Workers’ Compensation and Rehabilitation Act 2003 (Qld)

Recoverable costs under s 240, Part 12 Divisions 1 and 2 of the Workers’ Compensation and Rehabilitation Act 2003 (Qld), Part 8 Division 2 of the Workers’ Compensation and Rehabilitation Regulation 2014 (Qld) and Anderson v Pickles Auctions Pty Ltd [2023] QCA 205

Damages and DPI	Fees Resolution pre-Compulsory Conference	Fees Resolution at Compulsory Conference prior to Proceedings	Fees Resolution After Proceedings Commenced	Outlays Pre-Proceedings	Outlays Of Proceedings
Combined physical or psychiatric DPI less than 20%	$nil	$nil	Any pre-Proceeings costs + Standard costs for party equalling or beating (excluding interest) their Written Final Offer	$nil	Filing fees + Counsel’s fees + other outlays that could only reasonably be incurred after proceedings commenced
Combined physical or psychiatric DPI 20% or more and damages $150,000 or more	$2,000 + 20% = $2,400	$2,000 + $135 + $105/hour or part thereof after initial hour for compulsory conference	$2,000 + $135 + $105/hour or part thereof after initial hour for compulsory conference + (20% if Court awarded costs) + cost consequences of Written Final Offers (equal or beat your offer, excluding interest – claimant gets indemnity, insurer gets standard)	One report/copy medical records, from each hospital, GP and medical specialist at AMA scale of fees (AMA scale is not publicly available information, you have to buy it for a fee that is also not published to the public online, enquire with AMA to find out) + up to $1,000 for one liability report + up to $50 per copy of employment records from each employer + mediator fees agreed by insurer + originating filing fees + ‘sundry’ expenses other than photocopying	Filing fees + Counsel’s fees + other outlays that could only reasonably be incurred after proceedings commenced
Combined physical or psychiatric DPI 20% or more and damages $50,000 or more	$2,000 + 20% = $2,400 x 85% = $2,040	($2,000 + $135 + $105/hour or part thereof after initial hour for compulsory conference) x 85%	($2,000 + $135 + $105/hour or part thereof after initial hour for compulsory conference) x 85% + (20% if Court awarded costs) + cost consequences of Written Final Offers (equal or beat your offer, excluding interest – claimant gets indemnity, insurer gets standard)	One report/copy medical records, from each hospital, GP and medical specialist at AMA scale of fees (AMA scale is not publicly available information, you have to buy it for a fee that is also not published to the public online, enquire with AMA to find out) + up to $1,000 for one liability report + up to $50 per copy of employment records from each employer + mediator fees agreed by insurer + originating filing fees + ‘sundry’ expenses other than photocopying	Filing fees + Counsel’s fees + other outlays that could only reasonably be incurred after proceedings commenced
Combined physical or psychiatric DPI 20% or more and damages $50,000 or less	$2,000 + 20% = $2,400 x 85% = $2,040 x (damages / $50,000)	($2,000 + $135 + $105/hour or part thereof after initial hour for compulsory conference) x 85% x (damages / $50,000)	($2,000 + $135 + $105/hour or part thereof after initial hour for compulsory conference) x 85% x (damages / $50,000) + (20% if Court awarded costs) + cost consequences of Written Final Offers (equal or beat your offer, excluding interest – claimant gets indemnity, insurer gets standard)	One report/copy medical records, from each hospital, GP and medical specialist at AMA scale of fees (AMA scale is not publicly available information, you have to buy it for a fee that is also not published to the public online, enquire with AMA to find out) + up to $1,000 for one liability report + up to $50 per copy of employment records from each employer + mediator fees agreed by insurer + originating filing fees + ‘sundry’ expenses other than photocopying	Filing fees + Counsel’s fees + other outlays that could only reasonably be incurred after proceedings commenced