44Costs and expenses in assisted proceedings

44 Costs and expenses in assisted proceedings

(1)  If a person is granted assistance under section 43 , a court that makes an order for costs in favour of the assisted person must make the same order (except against another assisted person) as the court would have made in favour of the assisted person if the person had not been an assisted person.

(2)  If a person is granted assistance under section 43 , a court that makes an order for costs against the assisted person must make the same order (except in favour of another assisted person) as the court would have made against the assisted person if the person had not been an assisted person.

(3)  If an order for costs is made in accordance with subsection (1)  –

(a) the costs are payable to the Director instead of the person in whose favour the order is made; and

(b) the costs may be recovered by the Director as a debt due to the Crown; and

(c) [Section 44 Subsection (3) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019] the costs, upon being paid to or recovered by the Director, are to be paid into the Public Account.

(4)  If an order for costs is made in accordance with subsection (2) , the costs are to be paid by the Director.

(5)  Except in the case of costs payable to the Director, money awarded by a court in favour of an assisted person is payable to the person without deduction.