South Australian Consolidated Acts

ENVIRONMENT, RESOURCES AND DEVELOPMENT COURT ACT 1993 - SECT 29

29—Costs

        (2)         If a party to proceedings before the Court—

            (a)         applies for an adjournment of the hearing of the proceedings; or

            (b)         by his or her conduct renders it appropriate or necessary for the Court to adjourn the hearing of the proceedings,

the Court may adjourn the proceedings on such terms as it considers just and may make an order for costs, in accordance with a scale prescribed for the purpose, against the party in favour of any other party to the proceedings.

        (3)         If proceedings are delayed through the neglect or incompetence of a representative, the Court may, at the conclusion of those proceedings—

            (a)         disallow the whole or part of the costs as between the representative and his or her client (and, where appropriate, order the representative to repay costs already paid);

            (b)         order the representative to indemnify his or her client or any other party to the proceedings for costs resulting from the delay;

            (c)         order the representative to pay to the Registrar for the credit of the Consolidated Account an amount fixed by the Court as compensation for time wasted.

        (4)         The Court may not make an order against a representative under subsection (3) unless the Court has informed the representative of the nature of the order proposed and allowed the representative a reasonable opportunity to make representations, and call evidence, in relation to the matter.

        (5)         A commissioner may not make an order under subsection (3) except with the concurrence of a Judge.

        (6)         If a person who is summoned to appear as a witness in any proceedings fails, without reasonable excuse, to appear in obedience to the summons, the Court may order that person—

            (a)         to indemnify the parties to the proceedings for costs resulting from failure to obey the summons;

            (b)         to pay to the Registrar for the credit of the Consolidated Account an amount fixed by the Court as compensation for time wasted in consequence of the witness's failure to obey the summons.

        (7)         This section does not limit any other provision of this Act or a relevant Act which provides for the payment of costs in any matter.