Costs only if proceedings instituted vexatiously etc.
(1) This section applies to a proceeding (including an appeal) in a court in relation to a matter arising under section 1317AE in which a person (the claimant) is seeking an order under subsection 1317AE(1). (2) The claimant must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (3) of this section. (3) The claimant may be ordered to pay the costs only if: (a) the court is satisfied that the claimant instituted the proceedings vexatiously or without reasonable cause; or (b) the court is satisfied that the claimant’s unreasonable act or omission caused the other party to incur the costs.
Sourced from the Federal Register of Legislation at 17 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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