Western Australian Current Acts

CONSTRUCTION CONTRACTS (FORMER PROVISIONS) ACT 2004 - SECT 34

34 .         Costs of parties to payment disputes

        (1)         Subject to subsection (2), parties to a payment dispute bear their own costs in relation to an adjudication of the dispute.

        (2)         If an appointed adjudicator is satisfied that a party to a payment dispute incurred costs of the adjudication because of frivolous or vexatious conduct on the part of, or unfounded submissions by, another party, the adjudicator may decide that the other party must pay some or all of those costs.

        (3)         If an appointed adjudicator makes a decision under subsection (2) the adjudicator must —

            (a)         decide the amount of the costs and the date on which the amount is payable; and

            (b)         give reasons for the decisions; and

            (c)         communicate the decisions and the reasons in writing to the parties.

        (4)         Divisions 4 and 5, with any necessary changes, apply to a decision made under subsection (2) as if it were a determination of an appointed adjudicator.