---
title: "Prepare the New South Wales settlement costs statement for a personal injury claim"
url: "https://ailawframework.com/obligations/costs-billing-and-litigation-funding/prepare-the-settlement-costs-statement-for-a-personal-injury-claim/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A42-CS20261023-8-NSW"
practice_area: "Costs, billing & litigation funding"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Prepare the New South Wales settlement costs statement for a personal injury claim

> From the outcome, invoices and the regulated amount the lawyer marks, set out fees, any uplift, disbursements and the net sum. Do not send the statement.

Canonical page: https://ailawframework.com/obligations/costs-billing-and-litigation-funding/prepare-the-settlement-costs-statement-for-a-personal-injury-claim/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 outcome, invoices and the regulated amount the lawyer marks, set out fees, any uplift, disbursements and the net sum. Do not send the statement. |
| What the lawyer must review | Settle the net sum before the client receives the statement. Keep the uplift inside section 182 and outside disbursements. On a statutory benefits claim, use the regulated amount, not a half formula. Section 8.10(5) stops the insurer recovering its costs from that claimant. |
| Written for | New South Wales |
| Applies to | [Prepare the settlement costs statement for a personal injury claim](https://ailawframework.com/obligations/costs-billing-and-litigation-funding/prepare-the-settlement-costs-statement-for-a-personal-injury-claim.md) |

## Checking plan

**New South Wales settlement statement**

The tool reconciles the marked figures. The lawyer applies the Uniform Law split and any regulated recovery.

- What the AI does: From the outcome, invoices and the regulated amount the lawyer marks, set out fees, any uplift, disbursements and the net sum. Do not send the statement.
- What the lawyer does: Approve the net sum and the regulated amount before the client receives the statement.
- 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. Professional fees, uplift and disbursements are separate. Section 181(6) may make disbursements payable whatever the outcome.
2. In a litigious matter, the uplift does not exceed 25 per cent of the legal costs excluding disbursements.
3. On a statutory benefits claim, the recovered costs are the regulated amount the lawyer marks.
4. Section 8.10(5) is stated only for a statutory benefits claimant. It is not described as applying to a common law damages claim.

## Notes

- No half-of-settlement formula was in the New South Wales sections opened.
- 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. A personal injury settlement statement under the Uniform Law, and the statutory benefits provisions where they apply.

**Deliverable**: A settlement costs statement for the lawyer to settle.

**Inputs**

- Outcome figures
- Invoices
- Regulated amount, if the claim is for statutory benefits

**Example**: Illustrative example: The draft tells a common law client that the insurer cannot recover its costs, citing section 8.10(5). The lawyer removes that sentence. The section is about a statutory benefits claimant.

**Stop and escalate when**

- Section 8.10(5) is applied to a common law damages claim.
- A half-of-settlement cap is used.

Checked 2026-10-23.

## Sources

- [Legal Profession Uniform Law (NSW) s 181, conditional costs agreements](https://classic.austlii.edu.au/au/legis/nsw/consol_act/lpul333/s181.html) (checked 2026-10-23)
- [Legal Profession Uniform Law (NSW) s 182, uplift fees](https://classic.austlii.edu.au/au/legis/nsw/consol_act/lpul333/s182.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)

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