45Costs

### 45 Costs > > (1)  Subject to this section, each party is to bear their own costs in the proceeding. > > > (2)  At any time, the Court may order that a party pay all or a specified part of the costs of another party in a proceeding. > > > (3)  The Court may make an order under [subsection (2)](#GS45@Gs2@EN) only if satisfied that it is fair to do so, having regard to – > > > > > > (a) whether a party has conducted the proceeding in a way that unnecessarily disadvantaged another party to the proceeding by conduct such as – > > > > > > > > > > (i) failing to comply with an order or direction of the Court without reasonable excuse; or > > > > > > > > > > > (ii) failing to comply with this Act, the rules of court or a relevant enactment; or > > > > > > > > > > > (iii) asking for an adjournment as a result of [subparagraph (i)](#GS45@Gs3@Hpa@Hqi@EN) or [(ii)](#GS45@Gs3@Hpa@Hqii@EN) ; or > > > > > > > > > > > (iv) causing an adjournment; or > > > > > > > > > > > (v) attempting to deceive another party or the Court; or > > > > > > > > > > > (vi) vexatiously conducting the proceeding; and > > > > > > > (b) whether a party has been responsible for prolonging unreasonably the time taken to complete the proceeding; and > > > > > > > (c) the relative strengths of the claims made by each of the parties, including whether a party has made a claim that has no tenable basis in fact or law; and > > > > > > > (d) the nature and complexity of the proceeding; and > > > > > > > (e) any other matter the Court considers relevant. > > > (4)  If the Court considers that the representative of a party, rather than the party, is responsible for conduct described in [subsection (3)(a)](#GS45@Gs3@Hpa@EN) or [(b)](#GS45@Gs3@Hpb@EN) , the Court may order that the representative in his or her own capacity compensate another party for any costs incurred unnecessarily. > > > (5)  Before making an order under [subsection (4)](#GS45@Gs4@EN) , the Court is to give the representative a reasonable opportunity to be heard. > > > (6)  If the Court makes an order for costs before the end of a proceeding, the Court may require that the order be complied with before it continues with the proceeding. > > > (7)  In this section – > > > > > ***relevant enactment*** means an enactment under which the Court has jurisdiction to review a reviewable decision, or that otherwise deals with the jurisdiction of the Court.