---
title: "Screen whether New South Wales statutory benefits costs are recoverable"
url: "https://ailawframework.com/obligations/costs-billing-and-litigation-funding/screen-whether-legal-costs-are-recoverable-on-a-no-fault-or-statutory-be/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A42-CS20261023-11-NSW"
practice_area: "Costs, billing & litigation funding"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Screen whether New South Wales statutory benefits costs are recoverable

> From the dispute type the lawyer names, say whether SIRA lists it as subject to costs or as not authorised by Schedule 1. Do not state a dollar.

Canonical page: https://ailawframework.com/obligations/costs-billing-and-litigation-funding/screen-whether-legal-costs-are-recoverable-on-a-no-fault-or-statutory-be/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 the lawyer names, say whether SIRA lists it as subject to costs or as not authorised by Schedule 1. Do not state a dollar. |
| What the lawyer must review | A matter marked not authorised by Schedule 1 is not given a costs claim. An internal review under Part 7 carries no costs. Use section 8.10(4)'s two grounds. An infant is not a third ground. The insurer does not recover its statutory-benefits costs from the claimant. |
| Written for | New South Wales |
| Applies to | [Screen whether legal costs are recoverable on a no-fault or statutory benefits claim](https://ailawframework.com/obligations/costs-billing-and-litigation-funding/screen-whether-legal-costs-are-recoverable-on-a-no-fault-or-statutory-be.md) |

## Checking plan

**Statutory benefits costs screen**

The tool matches the dispute to SIRA's lists. The lawyer decides whether a costs claim can be made.

- What the AI does: From the dispute type the lawyer names, say whether SIRA lists it as subject to costs or as not authorised by Schedule 1. Do not state a dollar.
- What the lawyer does: Decide the dispute type and whether costs are recoverable.
- 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. SIRA lists matters not subject to costs and marks them not authorised by Schedule 1. The opened examples include the amount of weekly statutory benefits, and which insurer is the insurer of the at-fault vehicle.
2. Clause 23: no costs for legal services in connection with an internal review under Part 7.
3. Section 8.10(3) allows recovery only if the regulations or the Commission permit it. Section 8.10(4) has two grounds: a person under legal incapacity, or exceptional circumstances.
4. Section 8.10(5) prevents the insurer recovering from a statutory benefits claimant any legal costs, or other costs and expenses, of the insurer in relation to the claim. The column headed internal review required is not a costs switch.

## Notes

- SIRA lists an infant beside legal disability and exceptional circumstances. Section 8.10(4) has two grounds only: a person under legal incapacity, or exceptional circumstances. An infant is not named as its own ground. The table's Yes or No column is whether internal review is required.
- 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. SIRA's lists of statutory benefits disputes that are, and are not, subject to costs.

**Deliverable**: A short screen of the named dispute against the opened lists.

**Inputs**

- Dispute type named by the lawyer
- Whether the work was an internal review

**Example**: Illustrative example: The dispute is the amount of weekly payments. The draft claims a Schedule 1 fee. The lawyer stops it. SIRA marks that matter as not authorised by Schedule 1.

**Stop and escalate when**

- A matter marked not authorised is given a costs claim.
- The internal-review column is read as the costs column.

Checked 2026-10-23.

## Sources

- [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)
- [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.*