South Australian Current Acts (1) Unless otherwise
specified in this Act, a relevant Act, or an order of the Tribunal under this
section, parties bear their own costs in any proceedings before the Tribunal.
(2) Unless otherwise
specified in a relevant 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 appear before the Tribunal or to produce evidential material, if the
Tribunal thinks that it is appropriate to do so after taking into
account—
(a) the
main objectives of the Tribunal that are relevant to simplifying proceedings
and issues before the Tribunal and to keeping costs to parties in proceedings
before the Tribunal to a minimum insofar as is just and appropriate; and
(b) the
need to ensure that proceedings are fair and that parties are not
disadvantaged by proceedings that have little or no merit; and
(c) any
provision made by the rules; and
(d) any
other matter considered relevant by the Tribunal.
(3) Without limiting
subsection (2), if the Tribunal dismisses or strikes out any proceedings
in any prescribed circumstances, the Tribunal should also make an order for
costs against the party against whom the action is directed unless the
Tribunal is of the opinion that there is a good reason for not making an order
in the circumstances of the particular case.
(4) If the Tribunal
makes an order for the payment of costs and does not fix the amount of costs,
that amount is to be assessed and settled in accordance with the rules.