Western Australian Current Acts

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WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 264

264 .         Costs to be determined by dispute resolution authority

        (1)         Subject to this Division, costs are in the discretion of the relevant dispute resolution authority.

        (2)         A dispute resolution authority may determine by whom, to whom and to what extent costs are to be paid.

        (3)         A dispute resolution authority may order costs to be assessed on the basis set out in the Legal Profession Uniform Law (WA) Part 4.3 Division 7 (or in relevant regulations under section 268) or on an indemnity basis.

        (4)         Any party to a proceeding may apply to a dispute resolution authority for an order as to costs.

        (5)         A dispute resolution authority is not to order the payment of costs by a worker unless the dispute resolution authority is satisfied that the costs relate to an application made by the worker that was frivolous or vexatious, fraudulent or made without proper justification.

        (6)         If a dispute resolution authority is satisfied that a part only of the application was frivolous or vexatious, fraudulent or made without proper justification, the dispute resolution authority may order the worker to pay the costs relating to that part of the application.

        (7)         Without limiting section 265, the regulations may make provision in relation to the making of orders for the payment by a party of the costs of another party so as to —

            (a)         promote the early settlement of issues and disputes by agreement; and

            (b)         discourage unnecessary delay, excessive attendances and excessive preparation of documentation.

        [Section 264 inserted: No. 42 of 2004 s. 130; amended: No. 21 of 2008 s. 713(4); No. 9 of 2022 s. 416.]



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