185Costs—scheme pipeline access disputes

185 Costs—scheme pipeline access disputes

185 Costs—scheme pipeline access disputes

(1) Each party to a scheme pipeline access dispute 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 dispute resolution body may order that a party (other than a small shipper) pay all or a specified part of the costs of another party in a dispute hearing.

(3) The dispute resolution body 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 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 dispute resolution body without reasonable excuse; or

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

(vi) vexatiously conducting an access dispute; and

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

(e) any other matter the dispute resolution body considers relevant.

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

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