Where a statutory body is required by statute to refer a matter to a tribunal, the mandatory nature of that obligation must be considered before any adverse costs order is made against the body for bringing the proceedings. Under s 100 of the QCAT Act, departure from the default position that each party bear its own costs requires identification of specific unreasonableness; a finding that a party's position was not 'wholly unreasonable' is insufficient to justify a costs order. Expert evidence, even from a jointly instructed expert, is not conclusive of ultimate questions that require a value judgment by the tribunal.
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