Victorian Current Acts

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VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 1998 - SECT 115B

Orders as to reimbursement or payment of fees

    (1)     At any time, the Tribunal may make any of the following orders—

        (a)     an order that a party to a proceeding reimburse another party the whole or any part of any fee paid by that other party in the proceeding, within a specified time;

        (b)     an order as to which party must pay the whole or any part of a fee in future in the proceeding;

        (c)     an order that a party to a proceeding pay, on behalf of another party, the whole or any part of any fee that may be required to be paid in the future by that other party in the proceeding;

        (d)     an order that a party to a proceeding reimburse another party the whole or any part of any fee that may be paid in the future by that other party in the proceeding, within a specified time after the fee is paid.

    (2)     Subsection (1)(b) does not apply if this Act, the rules, the regulations or an enabling enactment requires the fee to be paid by a particular party.

S. 115B(3) amended by No. 62/2014 s. 35(1).

    (3)     In making an order under this section, other than in a proceeding to which section 115C or 115CA applies, the Tribunal must have regard to—

        (a)     the nature of, and issues involved in, the proceeding; and

        (b)     the conduct of the parties (whether occurring before or during the proceeding), including whether a party has caused unreasonable delay in the proceeding or has failed to comply with an order or direction of the Tribunal without reasonable excuse; and

        (c)     the result of the proceeding, if it has been reached.

    (4)     If the Tribunal makes an order under this section before the end of a proceeding, the Tribunal may require that the order be complied with before it continues with the proceeding.

S. 115C (Heading) amended by No. 62/2014 s. 35(2).

S. 115C inserted by No. 23/2014 s. 14.



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