The Law Handbook 2024

982 Section 10: Accidents, insurance and compensation More about legal costs Note the following about the legal costs that can and can’t be reimbursed. Witness expenses The ACB requires details of the nature of the evidence given, and the capacity in which the witness appeared. Solicitor and counsel fees In assessing solicitor and counsel costs – including preparation, appearances and disbursements – the ACB is guided by the circumstances of the particular case. Payments There is no limit to the amount payable under some of the most commonly used sections of the AC Act (ss 10, 14, 15, 16). However, note that costs are subject to the ACB’s discretion in determining what costs are reasonably incurred. For example, the ACB can consider issues such as whether the seniority and number of counsel engaged were appropriate for the proceeding. Caps apply to sections 4, 5, 6 and 17 of the AC Act. For the caps relevant to section 17, see Victorian Government Gazette G39 27 September 2007 2217. What to do if your application is rejected The ACB is not obliged to reconsider an application that it has already assessed. If the applicant disagrees with the ACB’s decision, the applicant can submit a new application with more information. Contacts Appeal Costs Board (ACB) Level 24, 121 Exhibition Street, Melbourne Vic 3000 Web: www.justice.vic.gov.au/contact-us/appeal- costs-board