South Australian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SOUTH AUSTRALIAN EMPLOYMENT TRIBUNAL ACT 2014 (NO 17 OF 2014) - SECT 53

53—Costs—related matters

        (1)         The power of the Tribunal to make an order for the payment by a party of the costs of another party includes the power to make an order for the payment of an amount to compensate the other party for any expenses or loss resulting from any proceedings or matter.

        (2)         Without limiting anything else that may be considered in making an order for the payment by a party of the costs of another party, where the matter that is the subject of any proceedings comes within the Tribunal's review jurisdiction, the Tribunal is to have regard to—

            (a)         whether the party genuinely attempted to enable and assist the decision-maker to make a decision on its merits;

            (b)         whether the party (being the decision-maker) genuinely attempted to make a decision on its merits.

        (3)         The rules may deal with the effect of certain offers to settle, and the response, if any, to the offer, on the making of an order for the payment by a party of the costs of another party.

        (4)         The Tribunal may order that the representative of a party, rather than the party, in the representative's own capacity compensate that or any other party for costs incurred because the representative acted in, or delayed, any proceedings in a way that resulted in unnecessary costs.

Division 8—Other procedural and related provisions



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback