Commonwealth Numbered Acts

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FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 611


             (1)  A person must bear the person's own costs in relation to a matter before FWA.

             (2)  However, FWA may order a person (the first person ) to bear some or all of the costs of another person in relation to an application to FWA if:

                     (a)  FWA is satisfied that the first person made the application, or the first person responded to the application, vexatiously or without reasonable cause; or

                     (b)  FWA is satisfied that it should have been reasonably apparent to the first person that the first person's application, or the first person's response to the application, had no reasonable prospect of success.

Note:          FWA can also order costs under sections 376, 401 and 780.

             (3)  A person to whom an order for costs applies must not contravene a term of the order.

Note:          This subsection is a civil remedy provision (see Part 4‑1).


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