16Recovery of fees in civil proceedings if fees not

16 Recovery of fees in civil proceedings if fees not otherwise payable (1) This section applies in relation to a civil proceeding in the Supreme Court or the Magistrates Court, or an application in the ACAT, between at least 2 parties (the first party and the second party), if— (a) a filing fee, or a fee for the service and execution of process, otherwise payable by the first party is— (i) not payable, completely or partly, because of the exemption of the first party under this part; or (ii) remitted, refunded or waived, completely or partly, under this part; and (b) judgment is given or entered, or an order is made, in favour of the first party; and (c) the first party’s costs are payable by the second party.

(2) The court or ACAT may order the second party to pay to the registrar of the court or ACAT the amount of the fee exempted, remitted, refunded or waived.