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) 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) or (ii) ; 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) or (b) , 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) , the Court is to give the representative a reasonable opportunity to be heard.