Western Australian Current Acts Western Australian Current Acts (1) Unless otherwise
specified in this Act, the enabling Act, or an order of the Tribunal under
this section, parties bear their own costs in a proceeding of the Tribunal.
(2) Unless otherwise
specified in the enabling Act, the Tribunal may make an order for the payment
by a party of all or any of the costs of another party or of a person required
to produce a document or other material on the application of the party under
section 35.
(3) 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, loss, inconvenience, or
embarrassment resulting from the proceeding or the matter because of which the
proceeding was brought.
(4) 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
the proceeding comes within the Tribunal’s review jurisdiction, the
Tribunal is to have regard to —
(a)
whether the party (in bringing or conducting the proceeding before the
decision-maker in which the decision under review was made) 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.
(5) The rules may deal
with the effect of certain offers to settle, and responses, if any, to the
offer, on the making of an order for the payment by a party of the costs of
another party.
(6) 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, the proceeding
in a way that resulted in unnecessary costs.