Commonwealth Consolidated Acts

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Costs orders against lawyers and paid agents

  (1)   This section applies if:

  (a)   an application for an unfair dismissal remedy has been made under section   394; and

  (b)   a person who is a party to the matter has engaged a lawyer or paid agent (the representative ) to represent the person in the matter; and

  (c)   under section   596, the person is required to seek the FWC's permission to be represented by the representative.

  (1A)   The FWC may make an order for costs against the representative for costs incurred by the other party to the matter if the FWC is satisfied that the representative caused those costs to be incurred because:

  (a)   the representative encouraged the person to start, continue or respond to the matter and it should have been reasonably apparent that the person had no reasonable prospect of success in the matter; or

  (b)   of an unreasonable act or omission of the representative in connection with the conduct or continuation of the matter.

  (2)   The FWC may make an order under this section only if the other party to the matter has applied for it in accordance with section   402.

  (3)   This section does not limit the FWC's power to order costs under section   611.

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