Notice Consenting or Opposing Application for Order and/or Assessment of Costs (Form AS16)

Under r 54 of the Workers Compensation and Injury Management Arbitration Rules 2024 (WA), a party to an arbitration may apply in writing for a costs order, attaching a statement of costs claimed and copies of vouchers, accounts and receipts. Under r 57, an application for assessment of costs must specify the clause of the costs determination that applies to each cost claimed. A party who is given a copy of the sealed application must, within 14 days, lodge a notice consenting or opposing and specifying the grounds of opposition, and give a copy of the sealed notice to each other party (r 55(1)). If they do not, the application may be determined as if it were not opposed (r 55(2)). AS16 is WorkCover WA's form for that notice.

When you need it

• You have been given a sealed Application for Order and/or Assessment of Costs (WorkCover WA form AS15) in an arbitration.
• You agree to the costs order or the assessment sought and want to record your consent.
• You oppose some or all of the order or assessment and need to state your grounds before the 14-day deadline.

1. 1

   Section A - case details

   Enter the case number and the applicant and respondent exactly as they appear on the Application for Arbitration.

2. 2

   Lodged by

   Tick who is lodging: worker, employer, insurer, their representatives, a dependant, a service provider or other.

3. 3

   Section B - consent or opposition

   Tick whether you consent to or oppose the order as to costs, and whether you consent to or oppose the assessment of costs. If you oppose, state the grounds. For an assessment, it helps to address the specific items and the clause of the costs determination the applicant relies on (r 57(2)(b)).

4. 4

   Section C - signature

   Sign, print your name and date the notice.

• Lodge the notice within 14 days after you are given the sealed costs application, unless an arbitrator orders otherwise (r 55(1) and the note on the form).
• Lodge through WorkCover WA Online, the electronic document system (EDS), unless you are EDS exempt (r 61). A self-represented party who is not an insurer or self-insurer is exempt (r 62); for an employer, self-represented means uninsured.
• Exempt parties can lodge by email to arbitration@workcover.wa.gov.au, in person at WorkCover WA, 2 Bedbrook Place, Shenton Park WA 6008 (Monday to Friday 8am to 4.30pm), or by post to the Workers Compensation Arbitration Service at that address (r 63 and the notes on the form). An email lodgement must give the sender's name, email address and phone number and describe the document (r 63(3)).
• If lodging by post or in person, the form says to lodge the original and attachments plus a copy for each party. Sealed copies are returned to you to give to the other parties.
• Give a copy of the sealed notice to each other party (r 55(1)(b)). If you do not lodge the notice or do not give the copies, the application may be decided as if you did not oppose any part of it (r 55(2)).

• Diary the 14 days from when the application is given to you, not from when it was lodged.
• Give specific grounds. A general statement of disagreement does little to help the arbitrator decide which items are disputed.
• WorkCover WA's arbitration guide notes that costs are not usually awarded against a worker unless the application was frivolous or vexatious, fraudulent or made without proper justification.