Rail Management Act 1996

At any time, an independent panel may direct that a party to an access regime dispute pay all or a specified part of the costs of the other party to the dispute.

An independent panel may make a direction under subsection (1) only if satisfied that it is fair to do so, having regard to the following—

whether the party has conducted themselves in the hearing in a way that unnecessarily disadvantaged the other party by conduct such as—

failing to comply with a direction of the panel without reasonable excuse; or

failing to comply with this Part; or

asking for an adjournment as a result of subparagraph (i) or (ii); or

causing an adjournment; or

attempting to deceive another party or the independent panel; or

vexatiously conducting the hearing;

whether a party has been responsible for prolonging unreasonably the time taken to complete the hearing;

the relative strengths of the claims made by each of the parties, including whether a party has made a claim that has no tenable basis in fact or law;

the nature and complexity of the matters before the panel;

any other matter the panel considers relevant.

If an independent panel considers that the representative of a party to an access regime dispute, rather than the party, is responsible for conduct described in subsection (2)(a) or (b), the panel may order that the representative in their own capacity compensate another party for any costs incurred unnecessarily.

Before making an order under subsection (3), an independent panel must give the representative a reasonable opportunity to be heard.

If an independent panel makes a direction as to costs before the completion of the hearing, the panel may require that the direction be complied with before it continues with the hearing.