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.
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