Costs
39W Costs
Each party to proceedings on an application under this Act must bear the party's own costs for the proceedings.
However, a court may award costs against a party who has—
made an application the court considers frivolous or vexatious;
or
by an unreasonable act or omission, caused another party to incur costs in connection with the proceedings.
If proceedings are delayed through the neglect or incompetence of a representative, a court may, at the conclusion of those proceedings—
disallow the whole or part of the costs as between the representative and his or her client (and, where appropriate, order the representative to repay costs already paid); or
order the representative to indemnify his or her client or any other party to the proceedings for costs resulting from the delay;
or
order the representative to pay to the registrar of the court for the credit of the Consolidated Account an amount fixed by the court as compensation for time wasted.
This Act’s bill:Second reading speech
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