---
title: "Reconcile Victorian workers compensation costs with the costs agreement"
url: "https://ailawframework.com/obligations/costs-billing-and-litigation-funding/reconcile-workers-compensation-legal-costs-with-the-costs-agreement/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A42-CS20261023-6-VIC"
practice_area: "Costs, billing & litigation funding"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

# Reconcile Victorian workers compensation costs with the costs agreement

> From the order the lawyer identifies, set out whether the claim is pre-litigated or litigated, the agreement amount, and the difference. Do not bill the difference until the lawyer decides who pays it.

Canonical page: https://ailawframework.com/obligations/costs-billing-and-litigation-funding/reconcile-workers-compensation-legal-costs-with-the-costs-agreement/victoria  
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 order the lawyer identifies, set out whether the claim is pre-litigated or litigated, the agreement amount, and the difference. Do not bill the difference until the lawyer decides who pays it. |
| What the lawyer must review | Use the pre-litigated order or the litigated order, not both, for the same work. Confirm which order is in force before any dollar is used. Do not reuse a figure from an earlier year. Decide whether the client pays any shortfall. |
| Written for | Victoria |
| Applies to | [Reconcile workers compensation legal costs with the costs agreement](https://ailawframework.com/obligations/costs-billing-and-litigation-funding/reconcile-workers-compensation-legal-costs-with-the-costs-agreement.md) |

## Checking plan

**Victorian workers costs**

The tool sets out which order the lawyer has named. The lawyer decides the shortfall.

- What the AI does: From the order the lawyer identifies, set out whether the claim is pre-litigated or litigated, the agreement amount, and the difference. Do not bill the difference until the lawyer decides who pays it.
- What the lawyer does: Match the order to the stage of the claim and decide who pays any shortfall.
- 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. The pre-litigated order was made on 3 September 2024 under section 354(1) of the Workplace Injury Rehabilitation and Compensation Act 2013 and section 134AG(1) of the Accident Compensation Act 1985.
2. The litigated order was made on 30 October 2024 under section 355(1) of the 2013 Act and section 134AGA(1) of the 1985 Act.
3. The lawyer confirms the gazette copy is the one in force. No dollar amount from either order is stated, because the tables were not opened.
4. The shortfall between the order and the costs agreement is not billed until the lawyer decides the client must pay it.

## Notes

- These orders are not a transport-accident protocol and not a statutory-benefits schedule.
- 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: Victoria. WorkCover legal costs orders for pre-litigated and litigated claims.

**Deliverable**: A reconciliation of the applicable order against the costs agreement.

**Inputs**

- Whether the claim is pre-litigated or litigated
- The costs agreement
- The order amount the lawyer has taken from the current instrument

**Example**: Illustrative example: Proceedings have issued, and the draft still uses the pre-litigated order. The lawyer switches to the litigated order of 30 October 2024.

**Stop and escalate when**

- The wrong order is used for the stage of the claim.
- A dollar from an unopened table is treated as current.

Checked 2026-10-23.

## Sources

- [WorkSafe Victoria, litigated claims legal costs order 2024](https://www.worksafe.vic.gov.au/resources/workcover-litigated-claims-legal-costs-order-2024) (checked 2026-10-23)
- [WorkSafe Victoria, pre-litigated claims legal costs order 2024](https://www.worksafe.vic.gov.au/resources/workcover-pre-litigated-claims-legal-costs-order-2024) (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.*