Queensland Consolidated Acts

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DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 157

Costs

157 Costs

(1) Each party to a proceeding for an application under this Act must bear the party’s own costs for the proceeding.
(2) However, the court may award costs against the party who made the application if the court hears the application and decides—
(a) to dismiss the application and, in doing so, also decides that the party, in making the application, intentionally engaged in behaviour, or continued a pattern of behaviour, towards the respondent to the application that is domestic violence; or
Note—
This type of behaviour is known as systems abuse or legal abuse. It is behaviour in which a person intentionally misuses the legal system, including, for example, by starting court proceedings based on false allegations against another person, as a way to intentionally exert control or dominance over the other person or to torment, intimidate or harass the other person.
(b) to dismiss the application on the grounds that it is malicious, deliberately false, frivolous or vexatious.
(3) In this section—

"party" includes an aggrieved.



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