South Australian Numbered Acts

STATUTES AMENDMENT (NATIONAL INDUSTRIAL RELATIONS SYSTEM) ACT 2009 (NO 58 OF 2009) - SECT 23

23—Amendment of section 185—Costs

Section 185—after its present contents (now to be designated as subsection (1)) insert:

        (2)         In connection with the operation of subsection (1)(b)—

            (a)         costs need not be awarded so as to follow the event; and

            (b)         the Court, in considering whether to award costs and, if so, the extent of the award, must take into account—

                  (i)         the conduct of the parties; and

                  (ii)         the relative positions and circumstances of the appellant and the respondent (and of the successful and unsuccessful parties); and

                  (iii)         the nature of the question in dispute and whether the proceedings have a broader impact than simply inter-parte proceedings between individual parties,

and may take into account such other matters as the Court thinks fit to ensure a just outcome in the circumstances of the case.