Section 109 of the VCAT Act does not support a guideline or predisposition that costs are less likely to be awarded in administrative review proceedings than in inter-partes commercial disputes. The Kaldawi guideline to that effect is wrong and should not be applied. Each costs application must be assessed on its own merits by reference to the matters in s.109(3), regardless of whether the proceeding is in review or original jurisdiction. The characterisation of a proceeding under s.61 of the Domestic Building Contracts Act 1995 as review or original jurisdiction remains an open question.
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