147Costs

147 Costs

147 Costs

(1) Each party is to bear its own costs in a dispute hearing except to the extent that an order under this section specifies otherwise.

(2) At any time, the AER may order that a party pay all or a specified part of the costs of another party in a dispute hearing.

(3) The AER 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 itself in the dispute hearing in a way that unnecessarily disadvantaged another party by conduct such as—

(i) failing to comply with an order or direction of the AER without reasonable excuse;

(ii) failing to comply with this Law, the Regulations or the Rules;

(iii) asking for an adjournment as a result of subparagraph (i) or (ii);

(iv) causing an adjournment;

(v) attempting to deceive another party or the AER;

(vi) vexatiously conducting an access dispute;

(b) whether a party has been responsible for prolonging unreasonably the time taken to complete the dispute hearing;

(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;

(d) the nature and complexity of the access dispute;

(e) any other matter the AER considers relevant.

(4) A party to whom an order made under subsection (2) is directed must comply with the order.

(5) If the AER considers that the representative of a party, rather than the party, is responsible for conduct described in subsection (3)(a) or (b), the AER may order that the representative in his or her own capacity compensate another party for any costs incurred unnecessarily.

(6) Before making an order under subsection (5), the AER must give the representative a reasonable opportunity to be heard.

(7) A representative of a party to whom an order made under subsection (5) is directed must comply with the order.