12BCosts in relation to domestic building work disputes generally

12B Costs in relation to domestic building work disputes generally (1) This clause applies despite section 109 to a domestic building dispute that is a domestic building work dispute. (2) Subject to subclause (3), the Tribunal must make an award of costs against an unsuccessful party to the dispute if the dispute had been referred for a conciliation conference and the party— (a) refused to participate in the conciliation conference; or (b) did not participate in the conciliation conference in good faith. (3) The Tribunal is not required to make an award of costs against a party (the first party) under subclause (2) if it is satisfied that it would be unfair to do so, having regard to— (a) whether another party has conducted the proceeding in a way that unnecessarily disadvantaged the first party to the proceeding by conduct such as— (i) failing to comply with an order or direction of the Tribunal without reasonable excuse; (ii) failing to comply with this Act, the regulations, the rules or the enabling enactment; (iii) asking for an adjournment as a result of subparagraph (i) or (ii); (iv) causing an adjournment; (v) attempting to deceive another party or the Tribunal; (vi) vexatiously conducting the proceeding; and (b) whether another party has been responsible for prolonging unreasonably the time taken to complete the proceeding; and (c) the relevant certificate of conciliation; and (d) any other matter the Tribunal considers relevant. Sch. 1 cl. 12C inserted by No. 15/2016 s. 15.