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FAIR WORK ACT 1994 - SECT 36

FAIR WORK ACT 1994 - SECT 36

36—Costs

        (1)         The South Australian Employment Court may only award costs in proceedings based on a monetary claim as follows—

            (a)         the Court may award costs on a claim for non-payment of superannuation contributions to cover reasonable expenses incurred by the claimant to establish the present value of the loss; and

            (b)         the Court may award costs on an appeal.

        (2)         In connection with the operation of subsection (1)(b)—

            (a)         costs need not be awarded so as to follow the event; and

            (b)         the Court, in considering whether to award costs and, if so, the extent of the award, must take into account—

                  (i)         the conduct of the parties; and

                  (ii)         the relevant positions and circumstances of the appellant and the respondent (and of the successful and unsuccessful parties); and

                  (iii)         the nature of the question in dispute and whether the proceedings have a broader impact than simply inter-parte proceedings between individual parties,

and may take into account such other matters as the Court thinks fit to ensure a just outcome in the circumstances of the case.

        (3)         This section does not apply in relation to a claim under section 10.

Chapter 3—Employment