121Costs of parties – related matters

121 Costs of parties – related matters

[Section 121 Inserted by No. 17 of 2021, s. 18, Applied:05 Nov 2021]

(1)  The power of the Tribunal under section 120(2) and (4) to make an order for the payment by a party to proceedings of the costs of another party to the proceedings includes the power to make an order for the payment of an amount to compensate the other party for any expenses or loss resulting from any proceedings or matter.

(2)  The power of the Tribunal under section 120(2) and (4) to make an order for the payment of an amount to compensate the other party for any expenses or loss resulting from any proceedings or matter may only be exercised by the President, a Deputy President or a legally qualified member.

(3)  The Tribunal cannot make an order against a party to proceedings for any expenses or loss resulting from any proceedings or matter unless –

(a) the party brought or conducted the proceedings frivolously or vexatiously; or

(b) any prescribed circumstances exist.

(4)  Without limiting anything else that may be considered in making an order for the payment by a party to proceedings of the costs of another party to the proceedings, if the matter that is the subject of any proceedings comes within the Tribunal’s review jurisdiction, the Tribunal is to have regard to –

(a) whether the party genuinely attempted to enable and assist the decision-maker to make a decision on its merits; or

(b) if the party was the decision-maker – whether the party genuinely attempted to make a decision on its merits.

(5)  The Tribunal rules may deal with the effect of certain offers to settle, and the response, if any, to the offer, on the making of an order for the payment by a party to proceedings of the costs of another party to the proceedings.

(6)  The Tribunal may order that, rather than a party to proceedings, the representative of a party to the proceedings, in the representative’s own capacity, compensate that or any other party to the proceedings for costs incurred because the representative acted in, or delayed, the proceedings in a way that resulted in unnecessary costs.