Queensland Consolidated Acts

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PROPERTY LAW ACT 1974 - SECT 341

Party bears own costs

341 Party bears own costs

(1) A party to a proceeding under this part bears the party’s own costs.
(2) However, if the court is satisfied there are circumstances justifying it making an order, it may make any order for costs or security for costs it considers appropriate.
(3) The court may make an order at any stage of the proceeding or after the proceeding ends.
(4) In considering whether there are circumstances justifying it making an order, the court must consider the following matters—
(a) the income, property and financial resources of each of the parties;
(b) whether any party has legal aid and the terms of the legal aid;
(c) the conduct of each of the parties in relation to the proceeding, including, for example, conduct about pleadings, particulars, disclosure, inspection, interrogatories, admissions of facts and production of documents;
(d) whether the proceeding results from a party’s failure to comply with a previous order made under this part;
(e) whether any party has been wholly unsuccessful in the proceeding;
(f) whether any party made an offer to settle under the Uniform Civil Procedure Rules 1999 and the terms of the offer;
Note—
See the Uniform Civil Procedure Rules 1999 , chapter 9 , part 5 .
(g) any fact or circumstance the court considers the justice of the case requires to be taken into account.



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