South Australian Repealed Acts

This legislation has been repealed.

WORKERS REHABILITATION AND COMPENSATION ACT 1986 - SECT 95

95—Costs

        (1)         A party (other than the relevant compensating authority) is entitled, subject to this Part and to limits prescribed by regulation, to an award against the relevant compensating authority for the party's reasonable costs of—

            (a)         the initial reconsideration of a disputed decision; and

            (b)         any subsequent proceedings for resolution of the dispute under this Part (but not proceedings by way of an appeal or a reference of a question of law to a Full Bench of the Tribunal or the Supreme Court).

        (2)         Costs may only be awarded to cover—

            (a)         the cost of representation by a legal practitioner or an officer or employee of an industrial association; and

            (b)         costs of a kind authorised by the regulations that were reasonably incurred.

        (3)         If the Tribunal is of the opinion that a party acted unreasonably, frivolously or vexatiously in bringing or in relation to the conduct of proceedings, the Tribunal may—

            (a)         decline to make an award of costs in favour of the party and may further (if it thinks fit) make an award of costs against the party; or

            (b)         reduce the amount of the award to which the party would otherwise have been entitled.

        (4)         An award of costs to cover professional advice or assistance may, if the Tribunal considers appropriate, be made in favour of the person who provided the professional advice or assistance.

        (5)         An award of legal costs cannot exceed 85% of the amount that would be allowable under the relevant Supreme Court scale if the proceedings were in the Supreme Court.