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Section : 401 Costs orders against lawyers and paid agents
Domain : Human Resource Management
Classification : Not Identified
Text Content
(1) If FWA has granted permission in accordance with section 596 for a person to be represented by a lawyer or paid agent in a matter arising under this Part before FWA, FWA may make an order for costs against the lawyer or paid agent if FWA is satisfied: (a) that: (i) the lawyer or paid agent caused costs to be incurred by the other party to the matter because the lawyer or paid 352 Fair Work Act 2009 No. 28, 2009 agent encouraged the person to start or continue the matter; and (ii) it should have been reasonably apparent that the person had no reasonable prospect of success in the matter; or (b) that the lawyer or paid agent caused costs to be incurred by the other party to the matter because of an unreasonable act or omission of the lawyer or paid agent in connection with the conduct or continuation of the matter. (2) FWA may make an order under this section only if the other party to the matter has applied for it in accordance with section 402. (3) This section does not limit FWA's power to order costs under section 611.