Queensland Consolidated Acts

COMMERCIAL AND CONSUMER TRIBUNAL ACT 2003 - SECT 71

(1) In a proceeding, the tribunal may award the costs it considers appropriate on--

(a) the application of a party to the proceeding; or

(b) its own initiative.

(2) The costs the tribunal may award may be awarded at any stage of the proceeding or after the proceeding has ended.

(3) If the tribunal awards costs during a proceeding, the tribunal may order that the costs not be assessed until the proceeding ends.

(4) In deciding whether to award costs, and the amount of the costs, the tribunal may have regard to the following--

(a) the outcome of the proceeding;

(b) the conduct of the parties to the proceeding before and during the proceeding;

(c) the nature and complexity of the proceeding;

(d) the relative strengths of the claims made by each of the parties to the proceeding;

(e) any contravention of an Act by a party to the proceeding;

(f) for a proceeding to which a State agency is a party, whether the other party to the proceeding was afforded natural justice by the State agency;

(g) anything else the tribunal considers relevant.

Examples of paragraph (g)--

The tribunal may consider whether a party to a proceeding is acting in a way that unreasonably disadvantages another party to the proceeding.

The tribunal may consider whether the proceeding, or a part of the proceeding, has been frivolous or vexatious.

(5) A party to a proceeding is not entitled to costs merely because--

(a) the party was the beneficiary of an order of the tribunal; or

(b) the party was legally represented at the proceeding.

(6) The power of the tribunal to award costs under this section is in addition to the tribunal's power to award costs under another provision of this or another Act.

(7) The tribunal may direct that costs be assessed--

(a) in the way decided by a presiding case manager; or

(b) by a person appointed by the tribunal.