Commonwealth Consolidated Acts

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 43

  (1)   The Court or a Judge has jurisdiction to award costs in all proceedings before the Court (including proceedings dismissed for want of jurisdiction) other than proceedings in respect of which this or any other Act provides that costs must not be awarded. This is subject to:

  (a)   subsection   (1A); and

  (b)   section   570 of the Fair Work Act 2009 ; and

  (c)   section   18 of the Public Interest Disclosure Act 2013 .

  (1A)   In a representative proceeding commenced under Part   IVA or a proceeding of a representative character commenced under any other Act that authorises the commencement of a proceeding of that character, the Court or Judge may not award costs against a person on whose behalf the proceeding has been commenced (other than a party to the proceeding who is representing such a person) except as authorised by:

  (a)   in the case of a representative proceeding commenced under Part   IVA--section   33Q or 33R; or

  (b)   in the case of a proceeding of a representative character commenced under another Act--any provision in that Act.

  (2)   Except as provided by any other Act, the award of costs is in the discretion of the Court or Judge.

  (3)   Without limiting the discretion of the Court or a Judge in relation to costs, the Court or Judge may do any of the following:

  (a)   make an award of costs at any stage in a proceeding, whether before, during or after any hearing or trial;

  (b)   make different awards of costs in relation to different parts of the proceeding;

  (c)   order the parties to bear costs in specified proportions;

  (d)   award a party costs in a specified sum;

  (e)   award costs in favour of or against a party whether or not the party is successful in the proceeding;

  (f)   order a party's lawyer to bear costs personally;

  (g)   order that costs awarded against a party are to be assessed on an indemnity basis or otherwise;

  (h)   do any of the following in proceedings in relation to discovery:

  (i)   order the party requesting discovery to pay in advance for some or all of the estimated costs of discovery;

  (ii)   order the party requesting discovery to give security for the payment of the cost of discovery;

  (iii)   make an order specifying the maximum cost that may be recovered for giving discovery or taking inspection.

Note:   For further provision about the award of costs, see subsections   37N(4) and (5) and paragraphs 37P(6)(d) and (e).