sec.123ZCCosts for particular relevant claims

sec.123ZC Costs for particular relevant claims

This rule applies to a proceeding for a relevant claim other than a proceeding to which section 545 of the Act or section 570 of the Fair Work Act 2009 (Cwlth) applies. A person must bear the person’s own costs in relation to the proceeding. However, the commission or an Industrial Magistrates Court may, on application by a party to the proceeding, order a party to the proceeding to pay costs incurred by another party if the commission or Industrial Magistrates Court is satisfied— the party made the application or responded to the application vexatiously or without reasonable cause; or it would have been reasonably apparent to the party that the application or response to the application had no reasonable prospect of success. See rule 110 in relation to the costs and expenses a magistrate may allow. r 123ZC ins 2021 SL No. 10 s 38 (sec.123ZC-ssec.1) This rule applies to a proceeding for a relevant claim other than a proceeding to which section 545 of the Act or section 570 of the Fair Work Act 2009 (Cwlth) applies. (sec.123ZC-ssec.2) A person must bear the person’s own costs in relation to the proceeding. (sec.123ZC-ssec.3) However, the commission or an Industrial Magistrates Court may, on application by a party to the proceeding, order a party to the proceeding to pay costs incurred by another party if the commission or Industrial Magistrates Court is satisfied— the party made the application or responded to the application vexatiously or without reasonable cause; or it would have been reasonably apparent to the party that the application or response to the application had no reasonable prospect of success.

• (a) the party made the application or responded to the application vexatiously or without reasonable cause; or
• (b) it would have been reasonably apparent to the party that the application or response to the application had no reasonable prospect of success.