Part 10Costs

Part 10—Costs Division 1—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. (6) Before making an order under subsection (5), the dispute resolution body 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. (8) If the dispute resolution body makes an order for costs before the end of an access dispute, the dispute resolution body may require that the order be complied with before it continues with the proceeding. (9) If the dispute resolution body makes an order for costs, the dispute resolution body may fix the amount of costs itself. (10) This section applies to costs incurred by the parties in a dispute hearing even if the notice of the access dispute to which the dispute hearing relates is withdrawn. 186—Outstanding costs are a debt due to party awarded the costs—scheme pipelines Costs that are payable under section 185(4) or (7)— (a) are a debt due to the party to whom the dispute resolution body has ordered that they be paid; and (b) may be recovered by that party in a court of competent jurisdiction. 187—Regulations about the costs to be paid by parties to access dispute—scheme pipelines The Regulations may provide for the dispute resolution body to— (a) charge the parties to an access dispute for its costs in the access dispute; and (b) apportion those costs between the parties. Division 2—Non‑scheme pipeline disputes 188—Costs of arbitration of non‑scheme pipeline disputes (1) This section applies in relation to the parties to an arbitration of a non‑scheme pipeline dispute conducted under this Chapter. (2) Despite any other provision of this Chapter, the parties to the arbitration bear their own costs. (3) The costs of the arbitration (including costs associated with the arbitration process and the cost of the arbitrator) must be shared equally between the parties to the arbitration. (4) The Rules may make provision in relation to the costs of an arbitration conducted under this Chapter, including rules that provide for a different approach to allocating costs under subsection (3) in specified circumstances. (5) Costs that are payable to the arbitrator under this section— (a) are a debt due by the party to the arbitrator; and (b) may be recovered by the arbitrator in a court of competent jurisdiction. Division 3—Mediation of access disputes involving small shippers 189—Costs of mediation of access disputes involving small shippers (1) This section applies in relation to an access dispute involving small shippers that is referred to mediation under this Chapter. (2) The parties to the mediation bear their own costs. (3) The costs of the mediation (including costs associated with the mediation process and the cost of the mediator) must be shared equally between the parties to the mediation. (4) Subsections (2) and (3) apply subject to any agreement between the parties to the access dispute about who will bear any costs (or a particular share of any costs) in the particular case. (5) Costs that are payable to the mediator under this section— (a) are a debt due by the party to the mediator; and (b) may be recovered by the mediator in a court of competent jurisdiction.