Document ID: chunk:federal_register_of_legislation:C2008C00441:clause:2_70ncb
Version: federal_register_of_legislation:C2008C00441
Segment Type: clause
Provision Reference: sch 2 cl 70NCB
Character Range: 72550–73665

70NCB  Costs

 (1) The court may make an order that the person who brought the proceedings (the applicant) pay some or all of the costs of another party, or other parties, to the proceedings.

 (2) The court must consider making an order under subsection (1) if:
 (a) the applicant has previously brought proceedings in relation to the primary order or another primary order in which the applicant alleged that the respondent committed a contravention of the primary order or that other primary order; and
 (b) on the most recent occasion on which the applicant brought proceedings of the kind referred to in paragraph (a), the court before which the proceedings were brought:
 (i) was not satisfied that the respondent had committed a contravention of the primary order or that other primary order; or
 (ii) was satisfied that the respondent had committed a contravention of the primary order or that other primary order but did not make an order under section 70NBA, 70NDB, 70NDC, 70NEB or 70NFB in relation to the contravention.

Subdivision D—Contravention established but reasonable excuse for contravention