In 2005 the Protocols were established by agreement between the Transport Accident Commission (TAC), Australian Lawyers Alliance (ALA) and Law Institute of Victoria (LIV). The Protocols were designed to provide an efficient, expeditious and transparent process to deliver appropriate benefits and compensation to people who sustain injury as a consequence of a transport accident (claimants).
Over the last 10 years the Protocols have improved benefit delivery to claimants and successfully reduced legal costs, disputes and lengthy litigation.
Representatives from the TAC, ALA and LIV have been working together to identify ways to enhance the operation of the Protocols and further improve the efficient and effective delivery of outcomes for TAC claimants.
The TAC, ALA and LIV have endorsed the revised 2016 Protocols. All Protocol applications lodged with the TAC on or after 1 July 2016 will be pursuant to the revised Protocols.
Details regarding the 2005 and 2016 Protocol agreements are provided below.
Please see below for information applicable to Protocols applications lodged prior to 1 July 2016.
- Guidelines for pre-hearing conferences in Serious Injury applications PDF, 0.02MB (effective 22/2/2013)
- Guidelines for pre-hearing conferences in Serious Injury applications DOC, 0.05MB (effective 22/2/2013)
- Protocols for the use of the TAC 'Authority to release information' PDF, 0.03MB
- Protocols for the use of the TAC 'Authority to release information' DOCX, 0.22MB
All Protocol applications lodged with the TAC on or after 1 July 2016 will be pursuant to the 2016 Protocols. The 2016 Protocols consist of the following four documents:
- No Fault Dispute Resolution Protocols 2016 PDF, 0.14MB
- No Fault Dispute Resolution Protocols 2016 DOCX, 0.1MB
NOTE: These forms are not applicable until 1 July 2016 and should not be used until this time.
- JME Notice of intention to Dispute Form PDF, 0.05MB
- JME Notice of Intention to Dispute Form DOC, 0.21MB
Applications lodged prior to 1 July 2016 will continue to be governed by the 2005 Protocols. However, in order to support the transition and avoid any potential delays for claimants, it has been agreed that the TAC will pay the increased price points for all Protocol applications lodged on or after 29 February 2016.
All costs below reflect the CPI inflation index updated from 1 January 2016.
Transitional Legal costs applicable to Protocol applications lodged on or after 29 February 2016
The impairment bypass and serious injury conference uplifts will not apply until the revised Protocols commence on 1 July 2016.
Protocol price points
Legal costs for all Protocol applications lodged before 29 February 2016:
- Counsel Fees allowable as disbursements in Common Law matters conducted in accordance with the TAC protocols PDF, 0.02MB
- Counsel Fees allowable as disbursements in Common Law matters conducted in accordance with the TAC protocols DOC, 0.07MB
The TAC, ALA, and LIV are committed to supporting practitioners to understand the changes to the Protocols.
Information sessions are planned for May and June 2016 at which the TAC, ALA and LIV and will present a summary of the changes to the Protocols. There will also be an opportunity for attendees to ask questions about the revised Protocols.
Further details regarding these information sessions will be provided to ALA and LIV members shortly.
Getting further information
If you have any questions regarding the 2016 Protocols or want to discuss participation in the Protocols, you may contact the TAC via firstname.lastname@example.org .
You may also wish to contact the ALA or LIV.