60Costs

#### 60 Costs 60 Costs > > (1) Each party to proceedings in the Tribunal is to pay the party’s own costs. > > > (2) The Tribunal may award costs in relation to proceedings before it only if it is satisfied that there are special circumstances warranting an award of costs. > > > (3) In determining whether there are special circumstances warranting an award of costs, the Tribunal may have regard to the following— > > > > > (a) whether a party has conducted the proceedings in a way that unnecessarily disadvantaged another party to the proceedings, > > > > > (b) whether a party has been responsible for prolonging unreasonably the time taken to complete the proceedings, > > > > > (c) 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, > > > > > (d) the nature and complexity of the proceedings, > > > > > (e) whether the proceedings were frivolous or vexatious or otherwise misconceived or lacking in substance, > > > > > (f) whether a party has refused or failed to comply with the duty imposed by section 36(3), > > > > > (g) any other matter that the Tribunal considers relevant. > > > (4) If costs are to be awarded by the Tribunal, the Tribunal may— > > > > > (a) determine by whom and to what extent costs are to be paid, and > > > > > (b) order costs to be assessed on the basis set out in the legal costs legislation (as defined in section 3A of the [Legal Profession Uniform Law Application Act 2014](/view/html/inforce/current/act-2014-016)) or on any other basis. > > > (5) In this section— > > > > costs includes— > > > > > (a) the costs of, or incidental to, proceedings in the Tribunal, and > > > > > (b) the costs of, or incidental to, the proceedings giving rise to the application or appeal, as well as the costs of or incidental to the application or appeal. > > **s 60:** Ins 2013 No 94, Sch 1 \[25\]. Am 2015 No 7, Sch 2.1 \[1\].