Victorian Consolidated Legislation

Magistrates' Court Act 1989 - SECT 131

Costs to be in the discretion of the Court

131. Costs to be in the discretion of the Court



(1) The costs of, and incidental to, all proceedings in the Court are in the
discretion of the Court and the Court has full power to determine by whom, to
whom and to what extent the costs are to be paid.

(2) Subsection (1) applies unless it is otherwise expressly provided by this
or any other Act or by the Rules or the regulations.

(2A) In exercising its discretion under subsection (1) in a proceeding, the
Court may take into account any unreasonable act or omission by, or on behalf
of, a party to the proceeding that the Court is satisfied resulted in
prolonging the proceeding.

(2B) The Court must not make an order awarding costs against a party in the
exercise of its discretion under subsection (1) on account of any unreasonable
act or omission by, or on behalf of, that party that the Court is satisfied
resulted in prolonging the proceeding without giving that party a reasonable
opportunity to be heard.

(2C) If the Court determines to award costs against an informant who is a
member of the police force, the order must be made against the Chief
Commissioner of Police.

(3) If-

   (a)  a charge-sheet containing one or more charges is filed with a
        registrar; and



   (b)  no filing fee is payable because of an exemption contained in the
        regulations; and

   (c)  the defendant is convicted of one or more of the alleged offences and
        is ordered to pay a fine-

the Court must order the defendant to pay by way of costs, in addition to the
amount of the fine and any other costs, the amount of the filing fee that, but
for the exemption, would have been payable.

(4) This section and section 132 apply to a purported proceeding in the Court
which is beyond the jurisdiction of the Court as if the purported proceeding
were within jurisdiction.