---
title: "Build a New South Wales statutory benefits costs claim within the maximum"
url: "https://ailawframework.com/obligations/costs-billing-and-litigation-funding/build-the-costs-claim-for-a-no-fault-or-statutory-benefits-dispute/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A42-CS20261023-5-NSW"
practice_area: "Costs, billing & litigation funding"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Build a New South Wales statutory benefits costs claim within the maximum

> From the dispute type and the stage the lawyer names, say whether Schedule 1 authorises costs and list the current indexed maximum only if the lawyer has marked the figure. Do not send the claim.

Canonical page: https://ailawframework.com/obligations/costs-billing-and-litigation-funding/build-the-costs-claim-for-a-no-fault-or-statutory-benefits-dispute/new-south-wales  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Costs, billing & litigation funding](https://ailawframework.com/obligations/costs-billing-and-litigation-funding.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the dispute type and the stage the lawyer names, say whether Schedule 1 authorises costs and list the current indexed maximum only if the lawyer has marked the figure. Do not send the claim. |
| What the lawyer must review | Decide whether this dispute is authorised by Schedule 1. Do not claim costs for an internal review under Part 7. Use the column for 1 October 2026 to 30 September 2027. Use section 8.10(4)'s two grounds. Do not treat an infant as a third ground. |
| Written for | New South Wales |
| Applies to | [Build the costs claim for a no-fault or statutory benefits dispute](https://ailawframework.com/obligations/costs-billing-and-litigation-funding/build-the-costs-claim-for-a-no-fault-or-statutory-benefits-dispute.md) |

## Checking plan

**Statutory benefits costs claim**

The tool matches the dispute to the schedule. The lawyer decides whether costs are payable and sends the claim.

- What the AI does: From the dispute type and the stage the lawyer names, say whether Schedule 1 authorises costs and list the current indexed maximum only if the lawyer has marked the figure. Do not send the claim.
- What the lawyer does: Decide the gate and the stage, and approve the amount before it is sent.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. Section 8.3(4) says a practitioner is not entitled to costs for a statutory benefits claim unless the regulations or the Commission permit payment.
2. Section 8.10(4) allows the Commission to permit costs only if the claimant is a person under legal incapacity or exceptional circumstances exist.
3. Clause 23 says no costs are payable for legal services in connection with an insurer internal review under Part 7.
4. Section 8.10(5) says an insurer is not entitled to recover from a claimant for statutory benefits any legal costs, or other costs and expenses, of the insurer in relation to the claim. The indexed column current on 23 October 2026 is 1 October 2026 to 30 September 2027. No stage dollar is quoted from the table.

## Notes

- SIRA lists an infant beside legal disability and exceptional circumstances. Section 8.10(4) has two grounds only: the claimant is a person under legal incapacity, or exceptional circumstances exist. An infant is not named as its own ground.
- Some disputes are marked not authorised by Schedule 1. Those are screened in the recoverability task. Do not invent a dollar for them.
- Keep medical details in the firm's system. Apply ASCR rule 9 and APP 11, and check whether a Privacy Act 1988 (Cth) breach is notifiable.

## Practical guide

Jurisdiction: New South Wales. Statutory benefits costs under the Motor Accident Injuries Act 2017 and the regulation, as published by SIRA.

**Deliverable**: A costs claim limited to a dispute and a stage the lawyer has allowed.

**Inputs**

- Dispute type named by the lawyer
- Stage of the claim
- Disbursements the lawyer has marked

**Example**: Illustrative example: The work was an internal review under Part 7. The draft claims a Schedule 1 stage fee. The lawyer deletes it because clause 23 says no costs are payable.

**Stop and escalate when**

- The dispute is not authorised by Schedule 1.
- A dollar is assigned to a stage from the broken table.

Checked 2026-10-23.

## Sources

- [Motor Accident Injuries Act 2017 (NSW) s 8.3, maximum costs](https://www7.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol_act/maia2017245/s8.3.html) (checked 2026-10-23)
- [Motor Accident Injuries Act 2017 (NSW) s 8.10, statutory benefits costs](https://www7.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol_act/maia2017245/s8.10.html) (checked 2026-10-23)
- [SIRA, legal costs in claims for CTP statutory benefits](https://www.sira.nsw.gov.au/resources-library/motor-accident-resources/publications/for-professionals/legal-costs-in-claims-for-ctp-statutory-benefits) (checked 2026-10-23)
- [SIRA, maximum costs for stages of claim](https://www.sira.nsw.gov.au/resources-library/motor-accident-resources/publications/for-professionals/legal-costs-in-claims-for-ctp-statutory-benefits/maximum-costs-for-stages-of-claim-general) (checked 2026-10-23)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*