73Costs

73 Costs (1) Each party to a proceeding for a family violence order is responsible for the party’s own costs of the proceeding. (2) However, a court may make an order about costs against— (a) the applicant for a family violence order only if the court is satisfied the application was vexatious, frivolous or in bad faith; or (b) the respondent if the court considers it appropriate to do so. Note If the Magistrates Court orders that a proceeding be dismissed under s 54A (Neither party present at return of application), the court must not make an order about costs (see s 54A (2)). (3) For subsection (2) (a), an application is not a vexatious or frivolous application or an application made in bad faith only because it is made then discontinued. (4) If the court orders costs against a party to a proceeding (the payee) for a family violence order, the amount must not be more than the costs reasonably incurred by the other party. (5) The amount stated in the order— (a) is a debt owed by the payee to the other party; and (b) is a judgment debt enforceable in accordance with the rules under the Court Procedures Act 2004 applying in relation to the civil jurisdiction of the Magistrates Court.

Party with impaired decision-making ability Division 4.6 Division 4.6 Party with impaired decision-making