FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 376 Costs orders against lawyers and paid agents

FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 376

             (1)  If FWA has granted permission in accordance with section 596 for a person to be represented by a lawyer or paid agent in relation to an application under section 365 or 372, FWA may make an order for costs against the lawyer or paid agent if FWA is satisfied:

                     (a)  that:

                              (i)  the lawyer or paid agent caused costs to be incurred by another party to the dispute because the lawyer or paid agent encouraged the person to make the application; and

                             (ii)  it should have been reasonably apparent that the application would have no reasonable prospect of success; or

                     (b)  that the lawyer or paid agent caused costs to be incurred by another party to the dispute because of an unreasonable act or omission of the lawyer or paid agent in connection with the conduct or continuation of the dispute.

             (2)  FWA may make an order under this section only if the other party has applied for it under section 377.

             (3)  This section does not limit FWA's power to order costs under section 611.