---
title: "Work out the New South Wales cap on personal injury legal costs"
url: "https://ailawframework.com/obligations/costs-billing-and-litigation-funding/work-out-the-cap-on-what-may-be-charged-for-a-speculative-personal-injur/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A42-CS20261023-2-NSW"
practice_area: "Costs, billing & litigation funding"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Work out the New South Wales cap on personal injury legal costs

> From the fees, the uplift and any regulated maximum the lawyer marks, set out the proposed charge and the cap that applies. Do not state the amount the client must pay.

Canonical page: https://ailawframework.com/obligations/costs-billing-and-litigation-funding/work-out-the-cap-on-what-may-be-charged-for-a-speculative-personal-injur/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 fees, the uplift and any regulated maximum the lawyer marks, set out the proposed charge and the cap that applies. Do not state the amount the client must pay. |
| What the lawyer must review | Apply the 25 per cent uplift cap, excluding disbursements. On a statutory benefits claim, apply the regulated maximum. On a workers claim, use the schedule for that kind of matter. Do not apply a half-of-settlement cap. |
| Written for | New South Wales |
| Applies to | [Work out the cap on what may be charged for a speculative personal injury claim](https://ailawframework.com/obligations/costs-billing-and-litigation-funding/work-out-the-cap-on-what-may-be-charged-for-a-speculative-personal-injur.md) |

## Checking plan

**New South Wales costs cap**

The tool sets out the proposed charge against the cap the lawyer names. The lawyer decides which cap applies.

- What the AI does: From the fees, the uplift and any regulated maximum the lawyer marks, set out the proposed charge and the cap that applies. Do not state the amount the client must pay.
- What the lawyer does: Choose the uplift cap or the regulated maximum, and decide the sum that may be charged.
- 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. In a litigious matter, the uplift does not exceed 25 per cent of the legal costs excluding disbursements.
2. The fee is not calculated from the award or settlement, unless section 183(2) applies.
3. On a statutory benefits claim, section 8.3 and the regulation fix the maximum, and can declare that no costs are payable.
4. On a workers claim, Schedule 6 and Schedule 7 of the Workers Compensation Regulation 2016 are different maxima. The dollar tables were not opened.

## Notes

- No half-of-settlement cap was in the New South Wales sections opened.
- Do not quote a dollar from Schedule 6 or Schedule 7. The contents page was opened, not the operative amounts.
- 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. Uniform Law uplift, motor accident maximum costs, and workers compensation schedules.

**Deliverable**: A cap check that names which limit the lawyer is applying.

**Inputs**

- Proposed fees and uplift
- Whether the claim is statutory benefits or workers compensation
- The schedule the lawyer identifies

**Example**: Illustrative example: The draft caps a statutory benefits dispute at 25 per cent of the fees. The lawyer replaces that with the maximum in the regulation, because section 8.3 prevails.

**Stop and escalate when**

- A half-of-settlement figure is used as the New South Wales cap.
- A Schedule 6 dollar amount is stated without the lawyer opening the current schedule.

Checked 2026-10-23.

## Sources

- [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)
- [Legal Profession Uniform Law (NSW) s 183, contingency fees prohibited](https://classic.austlii.edu.au/au/legis/nsw/consol_act/lpul333/s183.html) (checked 2026-10-23)
- [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)
- [Workers Compensation Regulation 2016 (NSW), current contents](https://legislation.nsw.gov.au/view/html/inforce/current/sl-2016-0559) (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.*