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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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