Costs and Costs Orders

Generally, parties before the Tribunal bear their own costs, but the Tribunal can order that one party pay another party’s costs. Costs orders by the Tribunal are rare.

This page provides information on the two situations where SAT may make a costs order. An order may be appropriate due to:

There is also information on how costs are calculated.

Conduct of the parties

No definitive list exists of circumstances in which SAT will order costs.  However, the factors include:

SAT can also order that a party pay for the costs of the proceeding incurred by SAT itself. Section 88 of the State Administrative Tribunal Act 2004 (‘the SAT Act’) allows SAT to make such an order when:

Nature of the matter

There are also areas of SAT’s jurisdiction in which it is accepted that an order for costs will generally be made. For example:

Guardianship and Administration matters

The Guardianship and Administration Act 1990 includes a specific power for awarding costs, in addition to the Tribunal’s general power. Section 16(4) allows SAT to award costs when a party has acted in the best interests of a proposed represented person. As with other costs applications at SAT, they are not commonly awarded and additional factors are needed. For example, costs may be awarded when there are:

SAT cannot retrospectively authorise the payment of costs when costs have already been paid by, or out of the assets of, the proposed represented person.

When the Tribunal has made a costs order, it must also calculate the amount of costs.

Last updated: 9-Dec-2014

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