Costs orders against legal practitioners under r 209 of the Industrial Relations Commission Rules 1996 (and cognate rules such as Supreme Court Rules Pt 52A rr 43 and 43A) require some basis in dereliction of duty or blameworthy conduct; inability to continue to appear due to illness does not constitute such a basis. The power to make money orders under s 106(5) of the Industrial Relations Act 1996 (NSW) extends to taking into account the retention of funds by a non-party company owned and controlled by the applicants where there is a sufficient connection with the varied contract.
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