Western Australian Numbered Acts Western Australian Numbered Acts (1) Subject to this
Division, costs are at 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 401) 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 must not 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 398, the regulations may make provision for or with respect to
the making of orders for the payment by a party of the costs of another party
so as to —
(a)
promote the early resolution of issues and disputes by agreement; and
(b)
discourage unnecessary delay, excessive attendances and excessive preparation
of documentation.