Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 376

Costs orders against lawyers and paid agents

             (1)  This section applies if:

                     (a)  an application for the FWC to deal with a dispute has been made under section 365 or 372; and

                     (b)  a person who is a party to the dispute has engaged a lawyer or paid agent (the representative ) to represent the person in the dispute; and

                     (c)  under section 596, the person is required to seek the FWC's permission to be represented by the representative.

             (2)  The FWC may make an order for costs against the representative for costs incurred by the other party to the dispute if the FWC is satisfied that the representative caused those costs to be incurred because:

                     (a)  the representative encouraged the person to start, continue or respond to the dispute and it should have been reasonably apparent that the person had no reasonable prospect of success in the dispute; or

                     (b)  of an unreasonable act or omission of the representative in connection with the conduct or continuation of the dispute.

             (3)  The FWC may make an order under this section only if the other party to the dispute has applied for it in accordance with section 377.

             (4)  This section does not limit the FWC's power to order costs under section 611.



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