154Costs

154 Costs S. 154(1) amended by No. 53/2016 s. 57. (1) Each party to a proceeding for a family violence intervention order under this Act or a proceeding for the variation, extension or revocation of a recognised DVO must bear the party's own costs of the proceeding. S. 154(2) substituted by No. 42/2014 s. 122. (2) In a litigation restraint order proceeding— (a) if a person is made subject to an extended litigation restraint order or an acting in concert order, that person must bear the costs of the proceeding, other than the Attorney-General's costs if the Attorney-General is a party to the proceeding; and (b) if a person is not made subject to an extended litigation restraint order or an acting in concert order, each party must bear the party's own costs. (3) Despite subsections (1) and (2)— (a) the court may make an order about costs if the court decides that exceptional circumstances warrant otherwise in a particular case; or (b) if the court is satisfied in a particular case that the making of any application under this Act was vexatious, frivolous or in bad faith, the court may award costs against the applicant. (4) For the purposes of subsection (3), the mere fact that an application is made and then withdrawn is not exceptional and does not amount in itself to a vexatious or frivolous application or an application made in bad faith. (5) If the court decides there are grounds to award costs against a person but the person is not present in court, the court may— (a) adjourn the proceeding; and (b) give the parties to the proceeding notice that an order for costs will be made on the next mention date unless the party against whom the costs will be awarded contests the making of the order on the mention date.