Commonwealth Consolidated Acts

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CIVIL DISPUTE RESOLUTION ACT 2011 - SECT 12

Exercising discretion to award costs

  (1)   In exercising a discretion to award costs in a civil proceeding in an eligible court, the court, Judge or other person exercising the discretion may take account of:

  (a)   whether a person who was required to file a genuine steps statement under Part   2 in the proceedings filed such a statement; and

  (b)   whether such a person took genuine steps to resolve the dispute.

  (2)   In exercising a discretion to award costs in a civil proceeding in an eligible court, the court, Judge or other person exercising the discretion may take account of any failure by a lawyer to comply with the duty imposed by section   9.

  (3)   If a lawyer is ordered to bear costs personally because of a failure to comply with section   9, the lawyer must not recover the costs from the lawyer's client.



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