1Under s 131 of the NTCAT Act, the presumption that parties bear their own costs in tribunal proceedings means that conduct which would warrant indemnity costs in court proceedings does not necessarily warrant indemnity costs in the Tribunal; the discretion exists but is exercised through the prism of the NTCAT Act.
2A government respondent's failure to comply with tribunal discovery orders over an extended period, coupled with breach of the Revised Model Litigant Policy requiring timely compliance with court orders, can constitute a sufficient basis under s 132(2)(d) and (e) of the NTCAT Act for a costs order, even where the conduct falls short of deliberate concealment.
3A party seeking costs on the basis of a failure to engage in settlement negotiations must adduce sufficient evidence of the scope and content of settlement discussions, and the absence of a formal settlement offer such as a Calderbank offer weakens the foundation for a costs award on that ground.
