99Costs

#### 99 Costs 99 Costs > > (1) In this section— > > > > professional costs means costs relating to professional expenses and disbursements (including witnesses’ expenses) in respect of proceedings before a court (but not court fees payable to a court). > > > (2) Costs, other than professional costs, are not to be awarded in apprehended violence order proceedings. > > > (3) A court may, subject to section 99A, award professional costs in apprehended violence order proceedings to the applicant for the order or decision concerned or the defendant in accordance with this section. > > > (4) If professional costs are awarded against a person under this section, the costs must be paid by the person to the registrar of the court, for payment to— > > > > > (a) the defendant, in the case of costs awarded against an applicant, or > > > > > (b) the applicant, in the case of costs awarded against a defendant. > > > (5) A court may make an order as to professional costs at the end of apprehended violence order proceedings or following the adjournment of the proceedings. > > > (6) An order as to professional costs may be made following the adjournment of the proceedings only if the court is satisfied that the other party has incurred additional costs because of the unreasonable conduct or delays of the party against whom the order is made. > > > (7) An order as to professional costs made following the adjournment of proceedings may be made whatever the result of the proceedings and may provide for the determination of the amount at the end of the proceedings. > > > (8) An order as to professional costs may specify the amount of any professional costs payable or may specify that it is to be the amount as agreed or assessed. > > > (9) The State is to indemnify a police officer, who acts in his or her capacity as a police officer in apprehended violence order proceedings, for any professional costs awarded against the police officer personally. > > > (10) This section applies to apprehended violence order proceedings, including apprehended violence order proceedings conducted in the absence of one or more of the parties. > > **s 99:** Am 2008 No 53, Sch 8 \[7\]. Subst 2016 No 33, Sch 1 \[34\].