sec.96Deciding fees payable by claimant and respondent

### sec.96 Deciding fees payable by claimant and respondent When making a decision about an adjudication application, an adjudicator may also decide the following— the proportion of the adjudicator’s fees and expenses to be paid by the claimant and respondent; the proportion of the fee, payable for the adjudication application under section 79 (2) (d) , for which the respondent is to reimburse the claimant. In making the decision, the adjudicator— must consider the conduct of the claimant and respondent; and may consider any of the following matters— the relative success of the claimant or respondent in the adjudication; whether the claimant or respondent commenced or participated in the adjudication for an improper purpose; whether the claimant or respondent commenced or participated in the adjudication without reasonable prospects of success; the reasons given by the respondent for not making the progress payment the subject of the adjudication application; whether an adjudication application is withdrawn; the services provided by the adjudicator in adjudicating the adjudication application, including the amount of time taken to consider discrete aspects of the amount claimed; another matter the adjudicator considers relevant in making the decision. In this section— adjudicating , an adjudication application, includes accepting, considering and deciding the application. conduct , of the claimant and respondent, includes— whether the claimant or respondent has acted unreasonably leading up to, or during, the adjudication; or whether the respondent attempted to include new reasons in an adjudication response in contravention of section 82 (4) . new reasons see section 82 (4) . (sec.96-ssec.1) When making a decision about an adjudication application, an adjudicator may also decide the following— the proportion of the adjudicator’s fees and expenses to be paid by the claimant and respondent; the proportion of the fee, payable for the adjudication application under section 79 (2) (d) , for which the respondent is to reimburse the claimant. (sec.96-ssec.2) In making the decision, the adjudicator— must consider the conduct of the claimant and respondent; and may consider any of the following matters— the relative success of the claimant or respondent in the adjudication; whether the claimant or respondent commenced or participated in the adjudication for an improper purpose; whether the claimant or respondent commenced or participated in the adjudication without reasonable prospects of success; the reasons given by the respondent for not making the progress payment the subject of the adjudication application; whether an adjudication application is withdrawn; the services provided by the adjudicator in adjudicating the adjudication application, including the amount of time taken to consider discrete aspects of the amount claimed; another matter the adjudicator considers relevant in making the decision. (sec.96-ssec.3) In this section— adjudicating , an adjudication application, includes accepting, considering and deciding the application. conduct , of the claimant and respondent, includes— whether the claimant or respondent has acted unreasonably leading up to, or during, the adjudication; or whether the respondent attempted to include new reasons in an adjudication response in contravention of section 82 (4) . new reasons see section 82 (4) . - (a) the proportion of the adjudicator’s fees and expenses to be paid by the claimant and respondent; - (b) the proportion of the fee, payable for the adjudication application under section 79 (2) (d) , for which the respondent is to reimburse the claimant. - (a) must consider the conduct of the claimant and respondent; and - (b) may consider any of the following matters— (i) the relative success of the claimant or respondent in the adjudication; (ii) whether the claimant or respondent commenced or participated in the adjudication for an improper purpose; (iii) whether the claimant or respondent commenced or participated in the adjudication without reasonable prospects of success; (iv) the reasons given by the respondent for not making the progress payment the subject of the adjudication application; (v) whether an adjudication application is withdrawn; (vi) the services provided by the adjudicator in adjudicating the adjudication application, including the amount of time taken to consider discrete aspects of the amount claimed; (vii) another matter the adjudicator considers relevant in making the decision. - (i) the relative success of the claimant or respondent in the adjudication; - (ii) whether the claimant or respondent commenced or participated in the adjudication for an improper purpose; - (iii) whether the claimant or respondent commenced or participated in the adjudication without reasonable prospects of success; - (iv) the reasons given by the respondent for not making the progress payment the subject of the adjudication application; - (v) whether an adjudication application is withdrawn; - (vi) the services provided by the adjudicator in adjudicating the adjudication application, including the amount of time taken to consider discrete aspects of the amount claimed; - (vii) another matter the adjudicator considers relevant in making the decision. - (i) the relative success of the claimant or respondent in the adjudication; - (ii) whether the claimant or respondent commenced or participated in the adjudication for an improper purpose; - (iii) whether the claimant or respondent commenced or participated in the adjudication without reasonable prospects of success; - (iv) the reasons given by the respondent for not making the progress payment the subject of the adjudication application; - (v) whether an adjudication application is withdrawn; - (vi) the services provided by the adjudicator in adjudicating the adjudication application, including the amount of time taken to consider discrete aspects of the amount claimed; - (vii) another matter the adjudicator considers relevant in making the decision. - (a) whether the claimant or respondent has acted unreasonably leading up to, or during, the adjudication; or - (b) whether the respondent attempted to include new reasons in an adjudication response in contravention of section 82 (4) .