212Costs

212 Costs (1) In any proceedings under this Part, the Tribunal or the Court (as the case requires) may award such costs as it thinks proper but in making an order for costs must, if the Tribunal or Court considers it appropriate to do so, take into consideration— S. 212(1)(a) amended by No. 68/2016 s. 157(1). (a) the amount of compensation awarded by the Tribunal or Court as compared with the amount (if any) offered by the Victorian Fisheries Authority; and (b) the extent to which, in the opinion of the Tribunal or Court, the proceedings have arisen from, or have been affected by— S. 212(1)(b)(i) amended by No. 68/2016 s. 157(1). (i) unreasonable conduct on the part of the claimant or the Victorian Fisheries Authority; or (ii) the failure of the claimant to give adequate details of the claim or supply supporting material when required to do so; or (iii) an excessive claim by the claimant; or S. 212(1)(b)(iv) amended by No. 68/2016 s. 157(1). (iv) an unduly depressed offer by the Victorian Fisheries Authority; and (c) any other matters which under this Part are to be taken into account in determining the allocation of costs. (2) The Court may make an order with respect to the assessment of costs in the same manner as it may in respect of any other matter before the Court. S. 212(3) amended by No. 68/2016 s. 157(2). (3) All costs payable to the Victorian Fisheries Authority may be set off by the Victorian Fisheries Authority against any compensation awarded or costs payable to the claimant. S. 212(4) amended by No. 68/2016 s. 157(3). (4) All costs payable to the claimant may be recovered by the claimant from the Victorian Fisheries Authority in the same manner as the compensation awarded. S. 213 inserted by No. 108/2003 s. 47.