67Costs

67 Costs (1) Each party to a proceeding for a protection order is responsible for the party’s own costs of the proceeding. (2) However, the Magistrates Court may make an order about costs against— (a) the applicant for a protection order only if the court is satisfied the application was vexatious, frivolous or in bad faith; or (b) the respondent if the court considers it appropriate to do so. Note If the Magistrates Court orders that a proceeding be dismissed under s 49A (Neither party present at return of application), the court must not make an order about costs (see s 49A (2)). (3) For subsection (2) (a), an application is not a vexatious or frivolous application or an application made in bad faith only because it is made then discontinued. (4) If the Magistrates Court orders costs against a party to a proceeding (the payee) for a protection order, the amount must not be more than the costs reasonably incurred by the other party. (5) The amount stated in the order— (a) is a debt owed by the payee to the other party; and (b) is a judgment debt enforceable in accordance with the rules under the Court Procedures Act 2004 applying in relation to the civil jurisdiction of the Magistrates Court. Division 4.6 Party with impaired decision-making