34Costs

### 34 Costs > [*\[Section 34 Substituted by No. 5 of 2025, s. 5, Applied:16 Apr 2025\]*](/view/html/inforce/2025-04-16/act-2025-005#GS5@EN) > > > (1)  Subject to [subsection (2)](#GS34@Gs2@EN) , each party to proceedings under this Act is to bear its own costs incurred in connection with the proceedings. > > > (2)  Despite [subsection (1)](#GS34@Gs1@EN) , the court hearing an application under this Act may order that a party (the ***liable party***) pay all, or a specified part, of the costs of another party to the proceedings if the court is satisfied that it is fair to do so, after taking into account each of the following: > > > > > > (a) whether the liable party has made the application, objected to the application, or withdrawn the application – > > > > > > > > > > (i) for the purpose of controlling or intimidating, or causing mental harm to, or apprehension or fear in, another party to the application; or > > > > > > > > > > > (ii) for a purpose, or in a manner, that is malicious, frivolous, vexatious or in bad faith; > > > > > > > (b) whether the liable party has been responsible for prolonging unreasonably the time taken to complete the proceedings; > > > > > > > (c) whether exceptional circumstances exist; > > > > > > > (d) whether the order for costs falls within the objects of this Act. > > > (3)  An order may not be made under [subsection (2)](#GS34@Gs2@EN) against a police officer who is a party to proceedings by virtue of being such an officer. > > > (4)  Before making an order under [subsection (2)](#GS34@Gs2@EN) , the court is to give the liable party a reasonable opportunity to be heard. > > > (5)  For the purposes of making an order under this section, the court may fix an appropriate scale of costs.