Commonwealth Consolidated Acts

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 43

             (1)  Subject to subsection (1A) and section 570 of the Fair Work Act 2009 , the Court or a Judge has jurisdiction to award costs in all proceedings before the Court (including proceedings dismissed for want of jurisdiction) other than proceedings in respect of which any other Act provides that costs shall not be awarded.

          (1A)  In a representative proceeding commenced under Part IVA or a proceeding of a representative character commenced under any other Act that authorises the commencement of a proceeding of that character, the Court or Judge may not award costs against a person on whose behalf the proceeding has been commenced (other than a party to the proceeding who is representing such a person) except as authorised by:

                     (a)  in the case of a representative proceeding commenced under Part IVA--section 33Q or 33R; or

                     (b)  in the case of a proceeding of a representative character commenced under another Act--any provision in that Act.

             (2)  Except as provided by any other Act, the award of costs is in the discretion of the Court or Judge.