General
| General | |
|---|---|
| How did the TAC get to the revised Protocol cost figures? What was taken into account? | Protocol costs are paid in recognition of the work performed by lawyers on a Protocols application. In revising the Protocols costs, the TAC considered data on legal costs paid, the impact of the changes in Court Scale costs and the efficiencies expected from the implementation of the revised Protocols. In consultation with the Law Institute of Victoria and Australian Lawyers Alliance, the TAC agreed on an increase in the Protocols costs. |
| Why is there a gap between Court scale costs and Protocol costs for Alternative Dispute Resolution (ADR)? | Protocol costs recognise the time and effort of lawyers in following the processes set out in the Protocols. Those Protocol processes are designed to encourage resolution of applications as quickly and cost effectively as possible. Court scale costs apply once proceedings are initiated. Costs paid for a Protocols application reflect the work undertaken by way of ADR (and not that of litigation). |
| Why can’t I lodge an application via email, despite it being referenced in the Protocols? | The TAC has investigated a number of options for the lodgement of Protocol applications. Email is not secure for the transfer of claimant information and is limited by the volume and size of attachments. The TAC is continuing to explore alternative processes to facilitate efficient lodgement of Protocols applications. In the meantime, applications are to be submitted via post. |
| What mechanisms will the TAC have in place to prevent multiple requests for information? |
To assist the TAC efficiently review a Protocols application, applications should be completed with the required detail and accompanied by all relevant documents. The TAC is committed to making decisions on the information provided and minimising requests for further information, however, there may
be instances when the TAC needs to ask for further information.
Where a claimant’s solicitor does not agree that further information requested by the TAC is required, escalation processes have been built into the Common Law, Impairment and No fault Dispute Resolution Protocols. To best understand what further information is being requested by the TAC, when and why, the TAC will record and track this information, identifying any themes and/or opportunities for improvement. This information and any related insights will be discussed at the quarterly reviews between the TAC, Australian Lawyers Alliance and Law Institute of Victoria. |