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COST OF A REVIEW HEARING:

All review applications that proceed to a hearing are held before a reviewer employed by the Disputes Resolution Service Limited a wholly owned subsidiary of the Accident Compensation Corporation.

If a review against a decision by ACC is reasonably brought the reviewer may award costs that are set by way of Regulations published by way of the Act. The costs are listed in detail under ‘Regulated Costs’. By applying for costs at review on the grounds that the review has been reasonably brought means that when a review application fails the reviewer is still able to award costs. If the reviewer determines not to award costs where a review is unsuccessful, this part of the decision can be appealed to the District Court just as the decision itself can also be appealed.

The level of costs that are awarded at review are limited in nature and do not equate to the actual costs that are incurred in employing your own advocate or legal counsel to represent you at a review hearing. For this reason Advkit Para Legal Services* has developed an incentive system for any hearings in which it represents a client at a review hearing. The purpose of the incentive system is provide a financial incentive to succeed at the review level rather than have client face the prospect of appealing a negative review decision and the cost that entails at the District Court.

The highest rate at which costs are usually approved is the sum of $315.00, which is listed in the regulations as a contribution toward preparation and lodging a review application, preparation of submissions and appearance on behalf of an appellant at a review hearing. The amount of $315.00 goes nowhere to meeting the actual cost of having the average review hearing properly presented.

Advkit Para Legal Services* requires the preparation of a database of your file documents as the first step toward increasing the probability of a successful outcome at a review hearing. Additionally there is the preparation and presentation of the data base file documents for forwarding to an independent specialist for review [depending on the issue at review] along with the preparation of specific questions for the independent assessor to answer and then the preparation of submissions.

 

The cost of a losing review hearing:

When you employ our service for a review hearing you are charged on the basis of our scale of fees, however if we lose the review we deduct the regulated costs that may be granted at review if the reviwer makes such an order from the charges that you may have incurred in employing Advkit Para Legal Services*.

The cost of a winning review hearing:

If we win the review hearing you are liable to pay the fees that we charge plus we retain the regulated costs that may be granted, as a bonus for the successful completion of the review hearing. It is to the advantage of our client for us to put a total effort in winning at the review level rather than have the uncertainty and the extra cost to our client of conducting a further appeal to the District Court.