Australian Capital Territory Current Acts

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CIVIL LAW (WRONGS) ACT 2002 - SECT 62

Consequences of noncompliance with pt 5.2

    (1)     If a claimant does not comply with the requirements of this part, a court in which the claimant begins a proceeding based on the claim—

        (a)     may, on a respondent's application in the proceeding, award in the respondent's favour costs (including legal and investigation costs) reasonably incurred by the respondent because of the claimant's noncompliance; and

        (b)     may only award interest in the claimant's favour for a period for which the claimant was in noncompliance if the court is satisfied there is a reasonable excuse for the noncompliance.

    (2)     If a respondent does not comply with the requirements of this part, a court in which the respondent defends a proceeding based on the claim may, on a claimant's application in the proceeding, award in the claimant's favour costs (including legal and investigation costs) reasonably incurred by the claimant because of the respondent's noncompliance.



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