Section 134AB(28)(d) of the Accident Compensation Act 1985 (“the Act”) provided that, in any proceedings for the recovery of damages commenced in accordance with this section after a statutory offer was made, or deemed to have been made, under s 134AB(12), if the judgment was obtained or a settlement or compromise was made in an amount that was more than the statutory offer of the Victorian WorkCover Authority or self-insurer under s 134AB(12) but less than 90% of the worker’s statutory counter-offer under that subsection, each party was to bear its own costs and the court was not otherwise to make an order as to costs.