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Interim billing for non-flight associated travel

ILARS Guideline reference

4.3.1, 4.3.3

5.3.1, 5.3.2, 5.3.8

Published Date21st March 2024
Version1

Purpose

This Practice Note provides guidance on the practice and implementation of clauses 4.3.1, 4.3.3, 5.3.1, 5.3.2 & 5.3.8 the ILARS Funding Guidelines as they apply to interim billing for non-flight associated travel.

The Practice Note includes: 

  • The operational rules and criteria for IRO to pay an interim invoice for non-flight associated travel 
  • Information regarding the supporting documentation required to support an interim invoice for non-flight associated travel 
  • The procedure to be followed when submitting an interim invoice in accordance with this Practice Note 
  • An example of the type of interim invoice IRO will pay 

Criteria, Practice and procedure 

Criteria

IRO will assess and pay travel and expenses on an interim basis in accordance with clause 5.3.8 of the Guidelines as follows: 

  1. The injured person has paid for the travel cost  
  2. The total minimum reimbursement is more than $250 for each interim invoice  
  3. The law firm has reimbursed the injured person prior to submitting the interim invoice; and  
  4. All relevant supporting invoices, receipts or other proof of expenditure is provided to IRO with the interim invoice 

Expenses that are payable include those incurred for travel by air and by other means such as car travel. 

Practice

It is IRO’s expectation that law firms will reimburse an injured person’s travel costs for less than $250 if requested by the injured person and receive reimbursement from IRO at the conclusion of the matter.

The amounts reimbursed are limited in accordance with the Guidelines. Please note that all amounts reimbursed exclude GST in accordance with the Guidelines. 

Procedure

Approved Lawyer wishes to submit an interim tax invoice and believes it will meet the criteria they will send an email to ILARSALmail@iro.nsw.gov.au: 

  1. Attaching the interim tax invoice  
  2. Providing submissions addressing the criteria for submitting an interim tax invoice. This must include submissions in relation to the impecuniosity of the worker
  3. Attaching a Tax Invoice labelled ‘Interim Tax Invoice’, which complies with the ILARS Tax Invoice Guide 
  4. Attaching all necessary supporting documents 

Example

An Approved Lawyer can render an interim bill for travel and associated expenses where: 

  • An injured person living in Grenfell, who was represented by a small regional Approved Lawyer  
  • Was required to use a private car to drive to and from a medicolegal appointment in Sydney 
  • Which resulted in an entitlement to claim $500 in mileage allowance under the Guidelines, together with associated expenses of $48 
  • And the Approved Lawyer was able to supply receipts, or details of mileage travelled, as proof of any expenditure.

 

Interim Billing for Travel Practice Note (PDF)