FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 570 Costs only if proceedings instituted vexatiously etc.

FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 570

             (1)  A party to proceedings (including an appeal) in a court (including a court of a State or Territory) exercising jurisdiction under this Act may be ordered by the court to pay costs incurred by another party to the proceedings only in accordance with subsection (2) or section 569.

Note:          The Commonwealth might be ordered to pay costs under section 569.

             (2)  The party may be ordered to pay the costs only if:

                     (a)  the court is satisfied that the party instituted the proceedings vexatiously or without reasonable cause; or

                     (b)  the court is satisfied that the party's unreasonable act or omission caused the other party to incur the costs; or

                     (c)  the court is satisfied of both of the following:

                              (i)  the party unreasonably refused to participate in a matter before FWA;

                             (ii)  the matter arose from the same facts as the proceedings.