Cost orders
486F Cost orders
If a person acts in contravention of section 486E, the court in which the migration litigation is commenced or continued may make one or more of the following orders:
an order that the person pay a party to the migration litigation (other than the litigant), the costs incurred by that party because of the commencement or continuation of the migration litigation;
an order that the person repay to the litigant any costs already paid by the litigant to another party to the migration litigation, because of the commencement or continuation of the migration litigation;
where the person is a lawyer who has acted for the litigant in the migration litigation:
an order that costs incurred by the litigant in the commencement or continuation of the migration litigation, are not payable to the lawyer;
an order that the lawyer repay the litigant costs already paid by the litigant to the lawyer in relation to the commencement or continuation of the migration litigation.
If the court, at the time of giving judgment on the substantive issues in the migration litigation, finds that the migration litigation had no reasonable prospect of success, the court must consider whether an order under this section should be made.
An order under this section may be made:
on the motion of the court; or
on the application of a party to the migration litigation.
The motion or application must be considered at the time the question of costs in the migration litigation is decided.
A person is not entitled to demand or recover from the litigant any part of an amount which the person is directed to pay under an order made under this section.
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