111Costs

111 Costs (1) Each party to a proceeding for a personal safety intervention order under this Act must bear the party's own costs of the proceeding. S. 111(2) substituted by No. 42/2014 s. 133. (2) In a litigation restraint order proceeding— (a) if a person is made subject to an extended litigation restraint order or an acting in concert order, that person must bear the costs of the proceeding, other than the Attorney-General's costs if the Attorney-General is a party to the proceeding; and (b) if a person is not made subject to an extended litigation restraint order or an acting in concert order, each party must bear the party's own costs. (3) Despite subsections (1) and (2)— (a) the court may make an order about costs if the court decides that exceptional circumstances warrant otherwise in a particular case; or (b) if the court is satisfied in a particular case that the making of any application under this Act was vexatious, frivolous or in bad faith, the court may award costs against the applicant. (4) If the court decides there are grounds to award costs against a person but the person is not present in court, the court may— (a) adjourn the proceeding; and (b) give the parties to the proceeding notice that an order for costs will be made on the next mention date unless the party against whom the costs will be awarded contests the making of the order on the mention date.