Commonwealth Consolidated Acts

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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.

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