109Each party to pay own costs

109 Each party to pay own costs

(1) This section applies despite anything to the contrary in Division 8 of Part 4 of the Victorian Civil and Administrative Tribunal Act 1998.

(2) Each party to a proceeding before VCAT under this Subdivision is to pay their own costs in the proceeding.

(3) However, at any time VCAT may make an order that a party pay all or a specified part of the costs of another party to the proceeding but only if VCAT is satisfied that it is fair to do so—

(a) because the party refused to take part in, or withdrew from, mediation or other form of alternative dispute resolution under Subdivision 4; or

(b) having regard to the matters referred to in paragraphs (a) to (e) of section 109(3) of the Victorian Civil and Administrative Tribunal Act 1998.

costs includes fees, charges and disbursements.