99ALimitations on professional costs being awarded

#### 99A Limitations on professional costs being awarded 99A Limitations on professional costs being awarded > > (1) A court cannot, in apprehended violence order proceedings, award professional costs against an applicant who is a protected person in respect of the order unless satisfied that the application was frivolous or vexatious. > > > (2) A court cannot, in apprehended domestic violence order proceedings, award professional costs against an applicant who is a police officer unless satisfied that— > > > > > (a) the applicant made the application knowing it contained matter that was false or misleading in a material particular, or > > > > > (b) the applicant has deviated from the reasonable case management of the proceedings so significantly as to be inexcusable. > > > (3) The mere fact that a protected person does any one or more of the following in relation to apprehended domestic violence order proceedings does not give rise to a ground to award costs against an applicant who is a police officer and who made the application in good faith— > > > > > (a) indicating that he or she will give unfavourable evidence, > > > > > (b) indicating that he or she does not want an apprehended domestic violence order or that he or she has no fears, > > > > > (c) giving unfavourable evidence or failing to attend to give evidence. > > > (4) This section has effect despite section 99 or any other provision of this or any other Act or law. > > > (5) In this section— > > > > apprehended domestic violence order proceedings means proceedings under this Act in relation to an apprehended domestic violence order or an application for an apprehended domestic violence order. > > > > professional costs has the same meaning as in section 99. > > **s 99A:** Ins 2016 No 33, Sch 1 \[34\].