What are the documents required when applying to Public Trustee to assess solicitor and client costs and disbursements for motor accident claims?
In cases where the compensation sum has been agreed upon and a settlement agreement signed:
a) A copy of the settlement agreement indicating the amount of Party and Party costs and disbursements;
b) Description of the work done and time spent on the matter by the lawyer and documents supporting the disbursements claimed;
c) A copy of the identification document of the person entitled to the payment of the compensation;
d) The lodgement form for deduction of compensation monies from insurer (only applicable if the Public Trustee is required to hold monies in trust); and
e) A copy of the bank passbook for making payment to the person entitled to the payment of the compensation (only applicable if the Public Trustee is required to hold monies in trust).
In cases where the compensation has been ordered by a court
a) A copy of the Judgment;
b) A copy of the agreed Party and Party costs and disbursements (if this information is not stated in the Judgment);
c) Description of the work done and time spent on the matter by the lawyer and documents supporting the disbursements claimed;
d) A copy of the identification document of the person entitled to the payment of the compensation;
e) The lodgement form for deduction of compensation monies from insurer (only applicable if the Public Trustee is required to hold monies in trust);
f) A copy of the bank passbook for making payment to the person entitled to the payment of the compensation (only applicable if the Public Trustee is required to hold monies in trust)
In cases where there are more than one set of solicitors
a) Details of work done by current and previous solicitors furnished from the previous and current solicitors for portion of solicitor and client costs and disbursements claimed;
b) Number of hours spent by the type of work;
c) Types of work done by current solicitor and estimated proportion of work done that could be a duplication of that done by the previous solicitor;
d) Estimation of proportion of total work done by current solicitor as relates to the overall work done by previous solicitors and current solicitor;
e) Date of handover from previous solicitor to current solicitor; and
f) Accident victim's reasons for change of solicitor.